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Supreme procuratorate modifies rules in line with revised criminal procedure law


09:05, November 23, 2012

BEIJING, Nov. 22 (Xinhua) -- The Supreme People's Procuratorate (SPP) on Thursday released an updated set of criminal procedural rules for procuratorates, which were heavily modified to fit the demands of the amended Criminal Procedure Law.

The rules, seen as a key judicial explanatory document to guide prosecuting organs' work in criminal cases, gained as many as 240 new articles with detailed stipulations on defense attorneys, evidence, case reception, special procedures and case management, according to an SPP statement.

The new rules offer more specific definitions on terms such as "especially major bribery crimes," "other illegal methods" (as in the exclusion of illegally-obtained evidence), situations obstructing investigations and "dangers to society" (as in the conditions for arrest).

China amended its Criminal Procedural Law in March, stressing protecting suspects and defendants from "illegal restriction, detention and arrest," with the phrase "respecting and protecting human rights" included in its first chapter on basic principles.

Accordingly, the newly-modified rules gave detailed stipulations on access to, and review of, interrogation recordings and videos, conditions and management for simplified procedures and examination concerning the necessity of detention, among other aspects.

The rules are expected to provide all-around standards for prosecutors' roles in criminal lawsuits while ensuring that suspects and defendants enjoy their full rights during the procuratorial stage, said the statement.

China's current Criminal Procedure Law was enacted in 1979 and first amended in 1996. The newly-amended law will go into effect starting on Jan. 1, 2013.


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