2009-07-27

Editorial Explores How to Gain Public Support for Criminal Reconciliation

刑事和解制度该如何取信于民

Beijing News, 2009-07-26

The public's response to the Beijing First Intermediate Court's new criminal reconciliation system—in which defendants who perpetrate minor criminal offenses upon individuals may receive reduced or remitted punishment if they “reach an understanding,” usually involving financial compensation, with their victim—has been cautious and doubtful, according to an editorial in the Beijing News. “People's greatest worry is that it will devolve into 'paying money to buy a sentence.'” These fears are reasonable, the editorial argues, as social divisions increase alongside the growing gap between rich and poor and judicial corruption is common. It suggests the Supreme People's Court and Procuratorate jointly issue detailed and practical regulations governing exactly what types of cases qualify for criminal reconciliation and the procedures to be followed. Third party supervision, carried out by “lawyers, law professors, retired judges, journalists and ordinary residents” is also necessary. The editorial concludes by calling for a unified national criminal reconciliation fund that indigent defendants may draw from so they can have the same chance at gaining commuted and remitted sentences.

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