Criminal Procedure Code at China
The Criminal Procedure Law of the People's Republic of China (CPL), first enacted in 1979 and most recently amended in 2018, serves as the foundational legal framework for criminal justice in China. It governs the investigation, prosecution, trial, and execution of criminal cases, aiming to safeguard the rights of suspects and defendants while ensuring the effective enforcement of criminal laws.
📘 Overview of the Criminal Procedure Law
The CPL is structured into several parts, covering:
General Provisions: Establishes the purpose and basic principles of criminal procedure.
Filing a Case, Investigation, and Initiation of Public Prosecution: Details the processes for case initiation, investigation procedures, and public prosecution. (Criminal Procedure Law of the People's Republic of China)
Trial Procedures: Outlines the organization and conduct of trials, including first and second instance procedures, summary procedures, and procedures for death sentence review. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
Execution: Addresses the enforcement of judgments and sentences.
Special Procedures: Covers procedures for juvenile delinquency, cases involving settlements, trial in absentia, and other special circumstances.
🔄 2018 Amendments: Key Revisions
The 2018 amendments to the CPL introduced several significant changes aimed at improving the criminal justice system:
Leniency for Voluntary Confession: Article 15 was added to allow for leniency if a suspect voluntarily and truthfully confesses to a crime and is willing to accept corresponding punishment. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
Prosecution of State Functionaries: Revised provisions enable people's procuratorates to directly handle cases involving serious crimes committed by state functionaries, such as illegal detention or torture. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
Defense Lawyer Access: In cases involving crimes endangering national security or terrorism, defense lawyers must obtain approval to meet with suspects during the investigation period. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
House Arrest Conditions: Changes to house arrest provisions allow for placement at a designated location if the suspect's domicile may impede the investigation. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
Trial Procedures: Revisions to trial procedures include guidelines for plea bargaining and the conduct of trials in absentia. (Decision of the Standing Committee of the National People's Congress on Revising the Criminal Procedure Law of the People's Republic of China)
📄 Accessing the Full Text
The full text of the Criminal Procedure Law, including the 2018 amendments, is available through the following resources:
China Justice Observer: Provides the full text of the law, including detailed annotations and explanations. (Criminal Procedure Law of China (2018) 刑事诉讼法 - China Laws Portal - CJO)
Supreme People's Court of China: Offers the official English translation of the law. (Criminal Procedure Law of the People's Republic of China)
China.org.cn: Provides an overview and key provisions of the law. (Criminal Procedure Law of the People's Republic of China -- china.org.cn)
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