2009-06-30

Beijing Begins “Thunder” Anti-Crime Operation in Preparation for National Day

北京开展“惊雷”行动打击刑事犯罪确保国庆平安

Xinhua News, 2009-06-30

In preparation for the 60th Anniversary of the PRC's founding on 1 October, the Beijing Public Security Bureau announced the beginning of an anti-crime operation dubbed “thunder” to “strike hard all kinds of criminal offenses according to law.” The operation seeks to maintain a level of public security equal to that of last year's Olympic Games. In the first half of 2009, Beijing police have reportedly solved 90.05% of all murder cases and 100% of all kidnappings. Compared to the same period last year, the overall rate of criminal incidences in Beijing is down 2.8% and the incidence rate of the eight most “dangerous and serious crimes”—including murder, kidnapping, rape and robbery—is down 19.8%.

2009-06-29

Supreme Court Issues Death Penalty Guidelines for Drug-related Cases

最高法院统一毒品犯罪死刑标准 5种情形可判处死刑立即执行

Xinhua News, 2009-06-26

In preparation for International Anti-Drug Day, the Supreme People's Court issued new capital punishments sentencing guidelines for drug-related cases. According to the new guidelines, five types of circumstances qualify for the death penalty with immediate execution (as opposed to a two year reprieve which often leads to a reduced sentence of life imprisonment). The circumstances include drug gang leaders who use armed protection and violently resist inspection and arrest or “participate in organized international drug trafficking activities.” Also included are repeat offenders who use or entice juveniles to smuggle, sell, transport or manufacture illegal drugs or sell drugs to juveniles in quantities exceeding the death penalty minimum standards (not given). State employees who use their official positions to facilitate drug crimes are subject to capital sentences as well.

Six Executions Announced for International Anti-Drug Day

最高法院公布4起毒品死刑案件 6犯人被执行死刑

Xinhua News, 2009-06-25

The day before International Anti-Drug Day (26 June), the Supreme People's Court publicized four major drug cases involving six death sentences and announced that those sentences had been carried out the same morning. One defendant, Wang Li, was found guilty of orchestrating the manufacture and transport of approximately 35 kilograms of ketamine. Three defendants, Wang Xilin, Lu Gang, and Zhou Zhenjun, received capital sentences for smuggling, trafficking, and manufacturing methamphetamines and ammunitions from Myanmar. Another case involved the smuggling and trafficking of heroin from Myanmar.

2009-06-28

Deng Yuqiao Case Highlights Problems in Criminal Procedure Law

邓玉娇案中被冷落的程序疑点

Southern Weekend, 2009-06-24

The recent Deng Yuqiao case—in which Deng stabbed two Dandong County officials in alleged self-defense and was found guilty of using excessive force but exempted from criminal punishment—has forced Chinese legal scholars to consider the “fairness” of China's criminal procedure law. Many feel that the intense media attention on Deng's case helped protect her rights in ways that formal criminal procedure does not. For example, Deng's initial legal team from Beijing requested that police obtain physical evidence (Deng's undergarments) that might prove she was sexually assaulted, and local investigators fulfilled the request. The criminal procedural law, however, only allows defendant's counsel to make requests for evidence after the case has been sent to prosecutors, after the investigation phase. During the investigation phase, defendant's lawyers in effect only act as “legal helpers” and not genuine criminal defenders. Qinghua University professor Yi Yanyou feels that while substantial justice was delivered in the case, without procedural justice, there is little guarantee that substantial justice is available in the vast majority of cases where public scrutiny is absent.

Ministry of Justice Releases Coercive Drug Rehabilitation

我国一年来共收容、收治戒毒人员近11万人

Xinhua News, 2009-06-24

In preparation for International Anti-Drug Day, the Ministry of Justice announced that administrative legal proceedings—conducted by police and MoJ officials without the courts or procuratorates—had sent nearly 110,000 people to China's 179 “coercive isolation drug rehabilitation centers” in the last year. According to Justice Vice-Minister Chen Xunqiu, the MOJ has reassigned medical personnel from the reeducation through labor system to the coercive drug rehabilitation centers.

Reporter Reflects on Hundreds of Interviews with Juvenile Offenders

百名少年犯的黑色记忆——关注未成年人犯罪

Xinhua News, 2009-06-23

Xinhua reporter Qiao Yunhua interviewed over two hundred juvenile offenders while researching a book on contemporary juvenile crime in China. Her sensationalized reflections on the interviews highlight inordinately violent and extreme cases but also reveal crime trends allegedly recognized by leading Chinese researchers: crime in China is becoming more violent and being committed by younger people. According to the Chinese Juvenile Crime Research Association, “in recent years, total juvenile crime has accounted for over 70% of all crime in China,” and 15- and 16-year-old minors commit over 70% of all juvenile crime. Juvenile crime is reportedly rising throughout the world—with examples from England and the USA cited—and while Qiao does not directly speculate on the causes, she appears to suggest the negative influences of television and the internet as causes.

New State Compensation Law to Include Defendants Found Not Guilty

中国拟修法规定判决宣告无罪的被拘留逮捕者可获国家赔偿

Xinhua News, 2009-06-22

During its review process of draft amendments to the State Compensation Law, the Standing Committee of the National People's Congress approved state compensation for people “detained or arrested in accordance to criminal procedural rules whose cases were dropped, not prosecuted, or declared not guilty and not subject to further criminal investigation.” Defendants will no longer need to prove that officials acted “illegally” or contrary to procedural requirements. However, defendants initially detained or charged on criminal matters but later given administrative punishments or demerits will not qualify for compensation, which is approved and distributed by local government “compensation committees.”

2009-06-21

Law Student Employment Ranks Second to Last Among College Majors

法学毕业生就业率倒数第二反思

Xinhua News, 2009-06-19

According to the official 2009 China University Student Employment Report, undergraduate students majoring in law and “related majors” reported the second lowest employment rate among all university majors. Among those law students who did find work, only 47% found jobs within the legal field. The problem stems largely from the rapid expansion of law departments over the last decade as schools raced to increase overall enrollment. Many colleges that previously did not offer legal studies and whose educational mission clearly does not include the law—for example a railway medical school—have also established law departments, leading to an excess of poorly-trained and unprepared law graduates. Another problem is law students' sole focus on the few law firm and government jobs in major cities, while many counties in rural China are desperately lacking legal professionals.

2009-06-18

Deliberation of Draft Amendments to State Compensation Law

国家赔偿法修订二审在即 惩罚性赔偿仍未列入

Xinhua News, 2009-06-18

After announcing progress in drafting amendments to China's State Compensation Law in October, 2008, the NPC's Standing Committee is scheduled to deliberate on the new amendments at the end of this month. Sometimes referred to as the “non-compensation law” because of its low compensation levels and narrow scope, the law's new amendments reportedly do not include provisions for award of punitive damages that many legal scholars have been urging. The new amendments are rumored to include clear guidelines for awards of emotional distress, capping them at five times the nations' average annual salary (146,145RMB in 2009). Compensation for wrongly-convicted defendants under the law as it exists now seems to vary widely; one innocent man who spent over ten years in prison received only 300,000RMB in state compensation while another who was in prison for exactly ten years got over 700,000RMB.

2009-06-16

Deng Yuqiao Exempted from Criminal Punishment in Dandong Stabbing Case

邓玉娇案一审判决免除处罚

Caijing Online, 2009-06-16

After a two hour trial in which her defense attorney argued for her innocence based on self-defense, the Dandong County (Hubei Province) People's Court found Deng Yuqiao guilty of “the crime of intentional injury” in the death of Deng Guida (no relation) but exempted her from criminal punishment because of three mitigating circumstances: her actions constituted self-defense—albeit with excessive force, hence her guilt—her cooperation with police qualified as voluntary surrender, and the forensic psychiatric diagnosis of her bipolar mood disorder determined her to have “partial limited criminal responsibility.” It is not clear if Deng's lawyers suggested Deng Guida was attempting to rape her. The court's judgment describes Huang Dezhi—who Deng also stabbed but survived, and whose injuries were not included in the prosecution's indictment of Deng—and Deng Guida's actions toward Deng as “unreasonable badgering, pushing, pulling and shoving, spoken insults, and other unlawful infringements.” In an interview, Deng's two attorneys, whose integrity have been questioned after they replaced the Beijing lawyers Deng's mother mysteriously fired and their background as legal advisers to the Hubei government was revealed, stated they did not know if Deng planned to appeal the conviction. They also declined to offer their opinion of the verdict.

Beijing to Discontinue Execution by Shooting and Use Lethal Injection Only

注射取代枪决:实现死刑执行的统一

The Beijing News, 2009-06-16

By the end of 2009, Beijing is to become one of the few areas in China to use only lethal injection in conducting executions. Since the first use of lethal injection in China in 1997, courts in jurisdictions with the requisite equipment and trained personnel have had the choice between executing defendants by shooting or lethal injection. This has led to suspicions that “lethal injection is used more on corrupt officials” and courts “pick the method of execution based on the level of popular anger against the criminal.” To establish a timetable for discontinuing execution by shooting nationwide, funding and planning by the central government is necessary; the Supreme People's Court also needs to issue normative documents to “further improve procedural guarantees and ensure that the humane reform of capital punishment can be realized in every single case.”


2009-06-13

Kunming Police Release Investigation Results in “Primary School Prostitution Case”

[小学女生卖淫案]警方认定存在卖淫行为

Beijing News, 2009-06-10

Nearly three months after the overnight detention and interrogation of two primary school female students, their mother and her domestic partner on suspicion of prostitution, Kunming (Yunnan Province) police and procuracy officials issued the results of their investigation: the domestic partner, Liu Shihua, and mother, Zhang Anfen, “intentionally plotted, engaged in deception, violently resisted the law, deceived the media, and misled the masses in creating a heinously influential incident.” Kunming prosecutors have charged the two with criminally “sheltering prostitution”—a charge related to Liu's 17-year-old daughter “Chen Yan,” not Zhang's two daughters—and are holding Liu in criminal detention while Zhang has been released on bail.

The so-called “3.16” (16 March, 2009) incident involved two community patrolmen—typically laid-off employees of defunct state enterprises hired to assist local police, but not official public security personnel—subduing by force participants in what they believed to be a prostitution ring. After police at the local public security station released Liu, Zhang and her two daughters the next day due to a lack of evidence, Liu and Zhang had medical examiners at a local hospital document their injuries and confirm that Zhang's daughters' were virgins. They also told local media they were unjustly accused, tortured while in detention and seeking damages from the police. The investigation report alleges that the patrolmen had indeed witnessed “Chen Yan” soliciting—she had been fined 1,300RMB in October 2008 for prostitution—but Liu and Zhang then had her switch clothes with Zhang's eldest daughter to confuse police. According to police and prosecutors, none of the suspects were tortured during interrogation and their injuries resulted from the scuffle with the community patrolmen, who have since been dismissed and “dealt with.”

2009-06-11

Local Beijing Court Experiments with Witness Testimony at Trials

北京探索“关键证人”出庭作证机制

Xinhua New, 2009-06-11

Since early 2008, the Beijing Xicheng District Procuratorate, in coordination with the Xicheng District Court, has been experimenting with having “key” witnesses in “complex and difficult to solve cases” appear in court to give their testimony firsthand during trial. To date, twenty-three witnesses have appeared in twelve different cases—primarily cases in which defendants refuse to admit their crimes or written testimony submitted by witnesses, including police investigators and experts, is contradictory. Because China's criminal procedure law fails to clearly prescribe witnesses' duty to obey court subpoenas, Xicheng prosecutors must “convince” witnesses—often worried about their personal and financial safety, as well as job security—to appear in court. In part to allay those worries, the procuratorate gives “economic compensation” to covers witnesses' “transportation, food and lodging costs and lost wages.” Prosecutors are also “supposed to give assistance” to the defense in producing (“inviting”) their own trial witnesses as part of the principle of arms (“principle of prosecution and defense equality”).

2009-06-09

Legal Aid Cases Increasing by 30% per Year

五年来我国办理法律援助案件数量以每年30%的幅度递增

Xinhua News, 2009-06-09

At the fifth annual “National Legal Aid Work Conference,” Minister of Justice Wu Aiying said the number of cases handled by legal aid organizations has been increasing by 30% per year since 2004. Among the many areas of legal aid she singled out for increased focus, Wu noted the need to “earnestly handle” criminal defense, especially in cases involving the physically handicapped, juveniles and those potentially facing capital punishment. Legal aid organizations should, “according to law, offer defense and representation to economically disadvantaged parties to criminal cases, and uphold the procedural rights of criminal suspects, criminal defendants, and victims.” According to the Ministry of Justice, China currently has 3,268 legal aid organizations at the county-level and above and 55,708 lower-level legal aid stations—all manned by a total of only 12,778 “legal aid organization staff.”


Special Funds Established for Legal Aid in Impoverished Areas

我国有19个省区市建立了省级财政法律援助专项资金

Xinhua News, 2009-06-09

According to the Ministry of Justice, 19 provinces have allocated special funds in their provincial budgets to support, along with central government funds, legal aid in impoverished areas. Since 2004, government budgeting for legal aid has increased at an average annual rate of 30%. 88% of legal aid funding comes directly from state coffers; the remainder coming from the China Legal Aid Foundation, local legal aid foundations, and other public fundraising sources.

2009-06-06

Additional Developments in Dandong County Stabbing (Deng Yuqiao) Case

邓玉娇已被起诉至巴东县法院

Caijing Online, 2009-05-06

Nearly four weeks after 22-year-old karaoke center waitress Deng Yuqiao stabbed two Dandong County (Hubei Province) government officials—killing one—in alleged self-defense, new case developments continue to attract national attention. After local police issued their official investigation report alleging Deng used “undue defense” (excessive force), the Dandong County Procuratorate officially indicted Deng on criminal charges of “intentional harm.” Prosecutors also cited her acts of self-defense and voluntary surrender to police as mitigating circumstances that allow “a lighter or mitigated punishment or an exemption from punishment.” The charges were filed with the basic-level county court, not an intermediate court as typically required in cases where the sentence could be life imprisonment or death, as is statutorily allowed for intentional harm.

Huang Dezhi, the surviving local official injured by Deng, is currently in administrative police detention—in effect signaling he will not be criminally prosecuted, after being expelled from the Communist Party and his township government positions by the local Party discipline inspection committee. The case has stirred reflection on Chinese attitudes toward rape and self-defense; in a Southern Weekend op-ed, China University of Politics and Law professor Xiao Han critiques traditional beliefs in a-life-for-a-life and the blind valuation of human life over more abstract ideals of dignity and honor as reasons why so many Chinese people disagree with the right to unlimited force in defending against rape that Article 20 of the China's Criminal Code so clearly bestows.

2009-06-05

Defense Attorneys Reflect on 1st Anniversary of Amended Law on Lawyers

律师法实施一周年 律师谈律师法与执业权利保障

Xinhua News, 2009-06-05

In a recent interview, two criminal defense lawyers, Liu Hai and Yi Shenghua, with the Yingke Beijing law firm, spoke about the 2008-amended Law on Lawyers from the angle of lawyers' professional safeguards. Liu affirmed the progress the law had made in guaranteeing lawyers' right to meet with clients and access case files, although he admitted that those rights “still come under some restrictions.” Yi added that “in some areas” “some judicial organs” have consciously failed to implement the law, pointing to its contradictions with parts of the Criminal Procedure Law and even arguing that the Law on Lawyers is just for you lawyers and does not concern them. To solve those problems they urged amending the Criminal Procedure Law and, more importantly, passing implementing rules and regulations that clearly protect lawyers' professional rights and strictly punish any and all infringements of those rights.

2009-06-04

“A Judicial Conundrum: The Mentally Ill Who Have Killed”

司法之困:那些犯下命案的精神病人

Southern Weekend, 2009-06-04

An investigative article explores the fate of the violently mentally ill in China's criminal justice system. Forensic psychiatrics too often succumb to public pressure calling for “a life for a life” and determine mentally ill suspects to have partial or diminished criminal responsibility, both of which qualify them for criminal punishments, including death. Doctors even admit to an unspoken rule: if the victim is related to the suspect, they can be declared criminally incompetent, if not, they are declared to have diminished criminal responsibility. Suspects typically undergo multiple psychiatric evaluations, each with varying determinations, leaving the court—subject to the same public pressure—to chose one that fits their judgment. The mentally ill are thus incarcerated with the general prison population and receive only limited, if any, psychiatric medical care, leaving themselves and their fellow inmates subject to continued dangers.

Lawyer's Political Responsibilities Stressed in Law Firm Party Secretary Training

特殊堡垒”的特别培训 律师事务所党支书纳入培训体系

Southern Weekend, 2009-06-04

In last month's training sessions held by the Ministry of Justice for the Communist Party secretaries of private law firm's Party cells training, official speakers stressed lawyers' role as “legal workers” whose “professional freedoms have definite limits, especially in mass incident cases and major sensitive cases, where lawyers' grasp of political orientation is extremely important.” Deputy Minister of Justice Zhao Dacheng asserted that “lawyers' foremost political responsibility is to fully implement the Center's “Guaranteeing Stability” policy and maintain social harmony and stability.” Speakers also reportedly criticized lawyers' who aided Tibetans suspected of participating in last year's disturbances, saying the lawyers' “had demonstrated failings in their political consciousness.”

2009-06-01

Shanghai Issues New Restrictions on Prosecutor Interactions with Defense Lawyers

上海出台规定规范检察官和律师交往行为

Caijing Online, 2009-06-01

The Shanghai Procuratorate issued provisional regulations governing the interactions of procuratorate officials with lawyers involved in ongoing cases. In addition to proscribing a long list of acts prosecutors themselves may not engage in—from revealing internal procuracy information to borrowing lawyers' communication devices—prosecutors immediate relatives are also banned from a host of activities involving plaintiffs and their lawyers. Prominent lawyers and legal scholars do not, however, believe the new regulations will effectively combat prosecutorial abuse and corruption, both of which they identify as rooted in problems of professional self-discipline in the current criminal justice system.

History and Current State of China's Juvenile Courts

我国少年法庭25年艰辛探索之路

Xinhua News, 2009-06-01

A series of news reports explores the history and development of juvenile court divisions in China, from the nation's first such division established in Shanghai in 1984 to the current 2,219 spread throughout the country. Those 2,219 courts reportedly have 7,018 juvenile judges serving in either independent juvenile divisions of their parent courts or in fixed juvenile collegiate panels under the courts' criminal divisions. Not only cases involving juveniles as criminal defendants but also cases where the protection of minors' rights are at stake come under the juvenile courts' jurisdiction. Wang Shengjun, president of the Supreme People's Court, noting the “youthening” trend in Chinese criminal activity, has recently praised the juvenile courts and called for their strengthening and continued reform.