China issues new rule to enhance supervision on criminal case filing

22:15, August 18, 2010      

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China publicly issued a new rule Wednesday to improve the supervision of prosecuting organs over the filing of criminal cases by the police to curb irregularities in the process.

The rule, jointly issued by the Supreme People's Procuratorate (SPP) and the Ministry of Public Security (MPS), is to begin a trial enforcement period this Oct. 1.

To ensure the easy flow of information, the new rule stipulates that the SPP and MPS should exchange information regularly on the occurrence, report, filing and solving of criminal cases, as well as the approval of the arrest of suspects and supervision of the investigation process.

Also, the two agencies should inform each other about progress in major criminal cases, according to the new rule.

"The system will help the two sides to exchange information quickly, increase transparency, and enable the prosecutorial organs to find out and rectify irregularities to assure filing in a timely manner," according to a statement issued by the SPP and MPS on Wednesday.

The prosecutors could also discover irregularities by hearing complaints from victims, their legal agents, relatives and relevant law enforcement agencies, the rule stipulates.

If the prosecuting agencies have evidence to show police illegally investigated civil and economic dispute cases with measures exclusively used for criminal cases, or relevant police officers use case filings to retaliate, blackmail, or seek illicit gains, they should demand the police agencies submit written explanations on such cases, according to the rule.

The prosecuting agencies should ask police agencies to revoke the filing of a case or urge the police to put a case on file, if they think the explanations submitted are not well founded, the rule stipulates.

The police agencies can demand a reconsideration of the case if they disagree with the decision of the prosecuting agencies, according to the rule.



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