2009-05-16

Yunnan Holds First Trial to Include “Sentencing Debate”

云南“量刑纳入法庭审理程序”第一案落判

Xinhua News, 2009-05-15

The Guandu District (Kunming, Yunnan Province) Court recently tried defendant Zhou Xiaofei on embezzlement charges. After the standard “court debate” on the evidence and overall case, the chief judge announced a second round of debate “surrounding the sentencing facts, sentencing circumstances and applicable sentencing laws,” whereby both the prosecution and defense submitted sentencing arguments. The court, seemingly accepting the prosecution's arguments, sentenced Zhou to three years of fixed term imprisonment—his defense attorney had argued for two years. It is not clear if similar, pre-verdict “sentencing debates,” which are being tested on a trial basis in the Guandu court, would be included in trials where the defendant pleads not guilty.

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