China proposes to alter criminal procedure law
Source: Xinhua |
March 9, 2012, Friday
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Print Edition
Print Edition
China yesterday unveiled revised legislation covering the detention of suspects and procedures for reviewing death sentences.
The draft revisions to China's Criminal Procedure Law say that detainees' families must be told within 24 hours, except when it is impossible or when the detainees are "involved in crimes concerning state security, terrorism or especially serious corruption and notification of where they are residing could obstruct investigations."
"Our country is now in a period of social transformation and pronounced conflicts, and crime cases continue at a high level and serious violence crime is increasing," Wang Zhaoguo, a senior legislator.
Wang, vice chairman of the National People's Congress Standing Committee, said that although the current law fully embodied the principle of human rights protection, it was necessary to write the article into the law.
He said revisions were necessary to strengthen punishment of crimes and protect the people, to strengthen and make innovations in social administration and maintain social harmony and stability, and to deepen reform of the judicial system.
The draft amendment, for the first time, makes it clear that confessions extorted through illegal means, such as torture, and witness testimony and depositions of victims obtained illegally, such as by violence or threats, should be excluded during trials.
To prevent confession by torture, the draft says suspects should be sent to a detention facility after being detained and be interrogated there, with the interrogation recorded.
"We have seen a number of cases where defendants were wronged because of confessions extorted by torture," said Wang Jiancheng, deputy dean of Peking University's law school.
The ban against such abuse of power has not been well implemented mainly because a confession obtained through illegal means can still be evidence, Wang said.
The draft amendment also specifies the procedures for the Supreme People's Court to review death penalty cases in order that they will be handled "with sufficient care" and "legal oversight" will be strengthened.
According to the draft, the supreme court shall issue an order approving or disapproving a death sentence after reviewing it. If it overrules the sentence, it may remand the case for retrial or revise the judgment.
The supreme court may also question the defendant and the defense attorney's opinions shall be heard if he so requests.
Liu Hao, a Beijing-based lawyer, said: "The proposed revisions will improve the procedure and guarantee the legal oversight necessary before taking somebody's life."
The draft revisions to China's Criminal Procedure Law say that detainees' families must be told within 24 hours, except when it is impossible or when the detainees are "involved in crimes concerning state security, terrorism or especially serious corruption and notification of where they are residing could obstruct investigations."
"Our country is now in a period of social transformation and pronounced conflicts, and crime cases continue at a high level and serious violence crime is increasing," Wang Zhaoguo, a senior legislator.
Wang, vice chairman of the National People's Congress Standing Committee, said that although the current law fully embodied the principle of human rights protection, it was necessary to write the article into the law.
He said revisions were necessary to strengthen punishment of crimes and protect the people, to strengthen and make innovations in social administration and maintain social harmony and stability, and to deepen reform of the judicial system.
The draft amendment, for the first time, makes it clear that confessions extorted through illegal means, such as torture, and witness testimony and depositions of victims obtained illegally, such as by violence or threats, should be excluded during trials.
To prevent confession by torture, the draft says suspects should be sent to a detention facility after being detained and be interrogated there, with the interrogation recorded.
"We have seen a number of cases where defendants were wronged because of confessions extorted by torture," said Wang Jiancheng, deputy dean of Peking University's law school.
The ban against such abuse of power has not been well implemented mainly because a confession obtained through illegal means can still be evidence, Wang said.
The draft amendment also specifies the procedures for the Supreme People's Court to review death penalty cases in order that they will be handled "with sufficient care" and "legal oversight" will be strengthened.
According to the draft, the supreme court shall issue an order approving or disapproving a death sentence after reviewing it. If it overrules the sentence, it may remand the case for retrial or revise the judgment.
The supreme court may also question the defendant and the defense attorney's opinions shall be heard if he so requests.
Liu Hao, a Beijing-based lawyer, said: "The proposed revisions will improve the procedure and guarantee the legal oversight necessary before taking somebody's life."
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