Chinese Criminal Justice

2009-07-10

Editorial Warns Against Distorting the Law to Satisfy Public Anger

Beijing News, 2009-07-10

Nanjing (Jiangsu Province) police recently submitted a request to the local procuratorate to arrest Zhang Mingbao on charges of endangering public security for a traffic accident he allegedly caused on 30 June that left five pedestrians dead and four injured. Public outrage over the accident—in which Zhang was reportedly extremely intoxicated—has centered on demands for punishment greater than the 7 years fixed-term imprisonment that Zhang could receive for the crime of “causing a traffic accident.” An editorial in the Beijing News worries that local authorities gave in to public anger in accusing Zhang of endangering public security, which, as defined in China's criminal code, does not fit Zhang's actions and is likely being applied simply to justify harsher punishment. Such distortions of law, the editorial argues, not only endangers the basic stability and predictability of the law but also fails to address the fundamental issue in the case: a void needing to be filled exists in Chinese criminal law regarding egregious traffic accidents.

2009-07-09

Update on Experimental Changes to Sentencing Procedures

法官量刑“独断”将被打破

Southern Weekend, 2009-07-08

As part of a broader effort to formulate detailed sentencing guidelines and improve sentencing consistency, 120 courts throughout China are currently experimenting with “sentencing arguments” in which prosecutors and defense lawyers engage in oral exchanges at the end of the trial over how the court should sentence the defendant. According to Beijing University professor Chen Ruihua, because 99% of all trials end in conviction, “the central issue during trials that prosecutors and defendants alike are most concerned about is sentencing, not conviction.” Trying to separate conviction and sentencing procedures is difficult in China, explains Jiang Huiling of the Supreme People's Court's Judicial Reform Office, due to the civil law's tradition of combining the two. But making sentencing procedures more open and transparent is essential to combating judicial corruption, argue advocates of reform. In cases where defendant's plead not guilty, Professor Chen suggests implementing a two phase trial system so defense lawyers are not forced to argue for lenient sentences immediately after trying to convince the court of their client's innocence. Ultimately, though, suggests the article's author, the greatest problem sentencing procedure reform faces is the deciding power of adjudication committees in important cases.

18 Suspects Arrested in Rural Fujian Child Rape Case

职校校长奸淫嫖宿初中女生

Beijing News, 2009-07-09

In a case drawing comparisons with the Xishui, Sichuan child rape and prostitution affair earlier this year, the Anxi County (Fujian Province) public security bureau has arrested eighteen people, including two public officials, on suspicion of rape and “whoring with young girls.” Police have already administratively sentenced another public official, Xie Zhiteng, head of the local industry and commerce bureau, to six months of detention for education for visiting prostitutes. Investigators started pursuing the case after a junior high school student reported to police that Yang Xiangsi, now described as the mastermind of the operation, tried to frighten and entice her into performing sexual services. Police allege Yang and his accomplices forced eight middle school girls, including five under the age of 14—which triggers China's “crime of whoring with young girls"—into prostitution.

Ministry of Justice Mandates Greater Supervision over Legal Aid Funding

司法部要求严格法律援助经费监管杜绝违法违纪

Xinhua News, 2009-07-09

The Ministry of Justice recently issued a notification requiring justice bureaus at all levels to increase supervision over the use of legal aid funds, especially those allocated directly from the central government. Local governments are not to substitute such allocations for local funding from their own budgets. All misappropriations and illegal uses of legal aid funds are to be punished through internal Party discipline and, in serious cases, criminal punishments.

Editorial Calls for Calming Xinjiang Unrest Rationally and “According to Law”

以理性和法律平息乌市“7·5事件”

Beijing News, 2007-07-08

A carefully worded editorial in the Beijing News calls for all ethnic groups to exercise calm and refrain from giving in to angry desires for revenge in reaction to recent violence in the Xinjiang Uighur Autonomous Region. In contrast to many internet postings and popular sentiments in China, the editorial purposefully avoids stereotypical characterizations of any ethnic group or religion, reminding readers that all ethnic groups and religions hold “truth, good and beauty” as common human virtues. It states that “the final solution to the 7·5 incident is through investigation by judicial departments and, with the facts as a foundation and the law as a guide, imposing sanctions upon criminals.”

Jiangxi to Create “Seamless Connection” Between Released Inmates and Society

江西监所与社会"无缝对接" 刑释解教人员可享低保

Xinhua News, 2009-07-08

To help reduce recidivism, the Jiangxi Province Ministry of Justice Bureau is requiring local offices to increase efforts to assist released inmates of the province's prisons and reeducation through labor centers readjust to life in society. Included among the requirements is the responsibility of local Ministry of Justice offices to coordinate with local civil administration departments in getting released inmates who qualify for subsistence allowances included in such programs. Greater efforts will also be placed on giving pre-release inmates legal aid, psychological counseling, and employment opportunities, including vocational training.

2009-07-03

Trial of Four Police Accused in Torture Death of Suspect Concludes

江西“球蛋白事件”刑讯逼供案开审

Southern Metropolitan Daily, 2009-07-03

After one and a half days of proceedings, the Nanchang (Jiangxi Province) Intermediate Court closed the trial phase of the case against four police officers accused of torturing Wan Jianguo, who died during police questioning. Nanchang police detained Wan in July 2008 on suspicion of selling defective immune globulin to a local hospital where six patients died from the substance. A month earlier, however, another company had already admitted to selling the immune globulin to the hospital. While in police custody, two separate shifts of officers, allegedly upon the orders of chief criminal investigator Xia Xiangdong to “defeat violence with violence”, repeatedly beat Wan with wooden clubs, police nightsticks and electric batons in the hopes of extracting a confession. They also, upon Xia's explicit instructions, suspended Wan upside down and swung his head into a metal railing.

Prosecutors, despite the protests of Wan's family's legal counsel, only brought charges against Xia and three officers on shift when Wan died. Five other officers who admitted to torturing Wan earlier were excused of criminal responsibility because “the circumstances of their crimes were minor . . . and they have displayed contrition.” Arguing that his actions “exceeded the scope of torture to extract confession,” prosecutors charged one officer, Deng Hongfei, with intentional injury, while the three others, including chief investigator Xia, were charged with torture to extract confession. Wan's family's lawyer also disputed those charges, pointing out that Article 247 of China's criminal code stipulates that police torture resulting in death constitutes homicide. Xia argued his actions did not constitute a crime, and two other defendants offered not guilty defenses. The court will announce its verdict at a future date.

Questions Surround Hebei Detention Center

河北疑犯喝凉水致残续：事发看守所曾有2人猝死

Xinhua News, 2009-07-02

The Hebei Province Procuratorate is investigating the claim of a former police suspect, Qin Yingwei, held in a Zanhuang County (Hebei Province) detention center that while in custody a cellmate repeatedly forced him to drink massive amounts of cold water, eventually resulting in permanent physical disability. Within a six month period in 2007, two other suspects mysteriously died while in the same detention center. In exchange for a 90,000RMB “hardship subsidy,” the detention center pressured the parents of 25-year-old Fang Jiangwei into signing an agreement that the autopsy report—which documented unexplained bruises and other signs of physical abuse—would “no longer serve as evidence” and the family would not pursue the matter further. The other suspect, 17-year-old Zhi Guoyu, did not even receive an autopsy after his parents were unable to pay the 5,000RMB “appraisal cost” police demanded.

2009-07-01

Top Politician Speaks at Legal Aid Work Conference

孟建柱在第五次全国法律援助工作会议上的讲话

Xinhua News, 2009-07-01

Politiburo Standing Committee member and Central Political-Legal Committee secretary Zhou Yongkang spoke at the fifth annual National Legal Work Conference in Beijing. Zhou applauded the progress made in legal aid work over the last few years. Among the many points Zhou made, he noted that legal aid must: be a part of and work within socialism with Chinese characteristics; work to bring the people and Party closer together and therein solidify the Party's leadership; guarantee that disadvantaged groups have access to legal services; expand the scope and availability of legal aid; increase the quality and efficiency of legal aid; and focus on promoting “a stable and harmonious society.” Zhou also emphasized the need for local governments to adequately fund legal aid programs and, given the “strong political nature” of legal aid work, the duty of “relevant departments and judicial administrative organs” to both lead and supervise legal aid work.

3 Year Rotational Training Program for Legal Aid Workers in Western China

我国将在3年内轮训西部省区市法律援助机构工作者