On June 25, the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice formally published two sets of rules regarding the use of evidence in capital cases and the procedure for excluding confessions by criminal suspects that had been obtained through illegal means such as torture. First announced at the end of May, these new rules have been the subject of much discussion in recent weeks.
To make the content of these new rules available to a broader audience, Dui Hua is producing English translations of the texts, to be released in three separate blog posts.
Part 1 is below. The original Chinese is here.
Part 2 of the translation is here.
Part 3 of the translation is here.
*
Notice from the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice
Regarding the Issue of "Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases" and "Rules Concerning Questions About Exclusion of Illegal Evidence in Handling Criminal Cases"
To the Higher People’s Courts, People’s Procuratorates, Public Security Departments (Bureaus), State Security Departments (Bureaus), Justice Departments (Bureaus) of each province, autonomous region, and municipality; the Military Court, Military Procuratorate, and Security Department of the General Political Department of the People’s Liberation Army; and the Production and Construction Corps Division of the Xinjiang Uyghur Autonomous Region Higher People’s Court and the People’s Procuratorate, Public Security Bureau, Justice Bureau, and Prison Management Bureau of the Xinjiang Production and Construction Corps:
In order to further perfect our nation’s criminal procedure system and in accordance with the central government’s general plan for deepening reform of legal institutions and work mechanisms, the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice have recently, following extensive investigation and research, jointly established “Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases” and “Rules Concerning Questions About Exclusion of Illegal Evidence in Handling Criminal Cases” (hereafter the “two sets of rules”), which we hereby issue to you and request compliance and implementation.
So that the two sets of rules may be stringently and thoroughly implemented in the course of executing the law, we hereby issue the following opinions:
I. Fully recognize the enormous significance of the establishment and implementation of the two sets of rules
The two sets of rules set higher standards and stricter demands on law enforcement organs’ handling of criminal cases, especially death penalty cases. As such, they are extremely significant for the perfection of our nation’s criminal procedure system, increasing the quality of law enforcement and handling cases, and promoting socialist rule of law construction. The central government places a high priority on these two sets of rules, and Comrade Zhou Yongkang, member of the CPC Politburo member and secretary of the Central Politics and Law Committee, led a full session of the Central Politics and Law Committee that also served as a briefing on reform of the legal system [at which] serious discussions of the two sets of rules [took place]. He called on people’s courts, people’s procuratorates, public security organs, state security organs, and judicial administration organs at all levels to carry out their duties in accordance with the law; strictly implement the two sets of rules; pay attention to facts, evidence, the law, and responsibilities; guarantee quality in handling cases; punish crime, protect human rights, and uphold justice in accordance with the law; and ensure that each criminal case handled can withstand scrutiny of the law and history. Relevant organs in each province, autonomous region, and municipality must implement national laws fully and correctly, carry out the criminal justice policies of the Party and state at a high level, and actively increase publicity work in order to give full recognition to the enormous significance of adopting the two sets of rules.
II. Resolutely arrange and begin training for the two sets of rules
People’s courts, people’s procuratorates, public security organs, state security organs, and judicial administration organs should seriously and immediately begin training and study of the two sets of rules, taking practical circumstances into consideration and employing different channels and methods. Care must be taken to arrange specialized training sessions for relevant personnel in order to ensure that each person involved in handling criminal cases fully grasps the details of the two sets of rules.
III. Stringently and thoroughly implement the two sets of rules
These two sets of rules not only fully set out the fundamental principles for evidence in criminal procedure and detail standards of proof; they also further specify with respect to the collection, fixing, examination, judgment, and use of evidence. They not only establish the meaning and extended meaning of illegal evidence, but also standardize in detail the procedures and burden of proof [used] in investigating and excluding illegal evidence. Truly implementing these two sets of rules will inevitably play a major role in raising the standards of law enforcement and improving the quality of law enforcement personnel. Each unit concerned should stringently and thoroughly implement the two sets of rules in their practice of executing the law and firmly establish the equal importance of punishing crime and protecting human rights and the equal importance of substantive and procedural law. Evidence must be collected, examined, and judged fully, objectively, and in accordance with the law, facts and evidence must be checked in order to raise the quality of criminal adjudications, and ensure that the two sets of rules are implemented so that each criminal case can be handled in an ironclad manner. Summing up and reporting in a timely manner to central bodies in charge any new situations and problems encountered in the course of implementation, as well as new experiences discovered, must be resolute.
Finally, “Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases” may be used as a reference for implementation in handling other criminal cases.
In order to further perfect our nation’s criminal procedure system and in accordance with the central government’s general plan for deepening reform of legal institutions and work mechanisms, the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice have recently, following extensive investigation and research, jointly established “Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases” and “Rules Concerning Questions About Exclusion of Illegal Evidence in Handling Criminal Cases” (hereafter the “two sets of rules”), which we hereby issue to you and request compliance and implementation.
So that the two sets of rules may be stringently and thoroughly implemented in the course of executing the law, we hereby issue the following opinions:
I. Fully recognize the enormous significance of the establishment and implementation of the two sets of rules
The two sets of rules set higher standards and stricter demands on law enforcement organs’ handling of criminal cases, especially death penalty cases. As such, they are extremely significant for the perfection of our nation’s criminal procedure system, increasing the quality of law enforcement and handling cases, and promoting socialist rule of law construction. The central government places a high priority on these two sets of rules, and Comrade Zhou Yongkang, member of the CPC Politburo member and secretary of the Central Politics and Law Committee, led a full session of the Central Politics and Law Committee that also served as a briefing on reform of the legal system [at which] serious discussions of the two sets of rules [took place]. He called on people’s courts, people’s procuratorates, public security organs, state security organs, and judicial administration organs at all levels to carry out their duties in accordance with the law; strictly implement the two sets of rules; pay attention to facts, evidence, the law, and responsibilities; guarantee quality in handling cases; punish crime, protect human rights, and uphold justice in accordance with the law; and ensure that each criminal case handled can withstand scrutiny of the law and history. Relevant organs in each province, autonomous region, and municipality must implement national laws fully and correctly, carry out the criminal justice policies of the Party and state at a high level, and actively increase publicity work in order to give full recognition to the enormous significance of adopting the two sets of rules.
II. Resolutely arrange and begin training for the two sets of rules
People’s courts, people’s procuratorates, public security organs, state security organs, and judicial administration organs should seriously and immediately begin training and study of the two sets of rules, taking practical circumstances into consideration and employing different channels and methods. Care must be taken to arrange specialized training sessions for relevant personnel in order to ensure that each person involved in handling criminal cases fully grasps the details of the two sets of rules.
III. Stringently and thoroughly implement the two sets of rules
These two sets of rules not only fully set out the fundamental principles for evidence in criminal procedure and detail standards of proof; they also further specify with respect to the collection, fixing, examination, judgment, and use of evidence. They not only establish the meaning and extended meaning of illegal evidence, but also standardize in detail the procedures and burden of proof [used] in investigating and excluding illegal evidence. Truly implementing these two sets of rules will inevitably play a major role in raising the standards of law enforcement and improving the quality of law enforcement personnel. Each unit concerned should stringently and thoroughly implement the two sets of rules in their practice of executing the law and firmly establish the equal importance of punishing crime and protecting human rights and the equal importance of substantive and procedural law. Evidence must be collected, examined, and judged fully, objectively, and in accordance with the law, facts and evidence must be checked in order to raise the quality of criminal adjudications, and ensure that the two sets of rules are implemented so that each criminal case can be handled in an ironclad manner. Summing up and reporting in a timely manner to central bodies in charge any new situations and problems encountered in the course of implementation, as well as new experiences discovered, must be resolute.
Finally, “Rules Concerning Questions About Examining and Judging Evidence in Death Penalty Cases” may be used as a reference for implementation in handling other criminal cases.
Supreme People’s Court, Supreme People’s Procuratorate,
Ministry of Public Security, Ministry of State Security,
Ministry of Public Security, Ministry of State Security,
Ministry of Justice
June 13, 2010
June 13, 2010
