The country's top procuratorate yesterday confirmed it had
issued a guideline to streamline and standardize how prosecutors
handle appeals of death sentences - a move to further ensure
justice in such cases.
The guideline requires prosecutors across the country to keep
detailed records of the entire process of the appeals of those
sentenced to death, including the case acceptance and handling, as
well as court hearing and verdicts, the Supreme People's
Procuratorate (SPP) said.
Prosecutors are required to examine evidence and confessions to
make sure they are not collected through illegal means such as
forced confessions or threats.
"Any evidence or confession from an illegal means shall be
invalid in court," the guideline says.
In addition, it stipulates that the appeal of a death sentence
should be handled by at least two prosecutors at the same time, and
a higher-level procuratorate should offer guidance if the case
involves serious corruption or causes strong public sentiment.
The paper also makes it clear that prosecutors should take a
close look at whether the verdict of the first trial was based on
sufficient evidence; whether the application of the law was proper;
whether the crime was so serious that it deserved an immediate
execution; and whether there were any illegal practices in the
investigation, prosecution and first trial.
It is the first document of its kind ever issued by the top
procuratorate, Fan Chongyi, director of the procedure law research
center of China University of Political Science and Law, told
China Daily. Fan is also a member of the advisory
committee to the SPP.
He said the guideline details the provisions in the Criminal
Procedure Law and standardizes the procedure of how prosecutors
handle appeals of death sentences.
"It (the guideline) tackles some existing problems in the
handling of such cases, such as evidence examination, and it is
very practical in use," he said.
According to Chinese law, convicted felons have the right to
appeal to a higher-level court if their first trial concludes with
a death sentence. If the second trial maintains the verdict, the
sentence will be submitted to the Supreme People's Court for final
review.
Fan said the latest move of the SPP was part of a campaign in
the judicial system to improve justice in cases involving death
sentences.
Last September, a regulation from the Supreme People's Court
urged all courts to hear the appeals of death sentences in an open
courtroom to improve transparency.
And in January, the top court also assumed all powers to review
and approve death sentences. Before that, high people's courts at
the provincial level were authorized to review certain death
sentences.
(China Daily August 9, 2007)
