NPCSC Decision Authorizing the SPC and SPP to Carry Out Pilot Projects on the System of Leniency for Those who Admit Guilt and Accept Punishment

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Title: Decision of the Standing Committee of the National People's Congress authorizing the Supreme People's Court and Supreme People's Procuratorate to carry out pilot projects in some cities on the system of leniency for those who admit guilt and accept punishment in criminal cases.
Promulgating Entities:Standing Committee of the National People's Congress
Reference number: 
Promulgation Date: 2016-9-3
Expiration date: 
Source of text: http://news.xinhuanet.com/politics/2016-09/03/c_1119506007.htm

Decision of the Standing Committee of the National People's Congress authorizing the Supreme People's Court and Supreme People's Procuratorate to carry out pilot projects in some cities on the system of leniency for those who admit guilt and accept punishment in criminal cases.

 

Decision of the Standing Committee of the National People's Congress authorizing the Supreme People's Court and Supreme People's Procuratorate to carry out pilot projects in some cities on the system of leniency for those who admit guilt and accept punishment in criminal cases.

(Passed on September 3, 2016 by the 22nd meeting of the Standing Committee of the Twelfth National People's Congress )

So as to further implement the criminal law policy of blending leniency with severity, to improve criminal procedures, to improve the quality and efficiency of criminal trials, to ensure that those who are not guilty are not criminally prosecuted and that the guilty receive just punishment, to preserve the lawful rights and interests of parties, and promote judicial fairness, the 22nd meeting of the Standing Committee of the 12th National People's Congress has decided to authorize the Supreme People's Court, and Supreme People's Procuratorate to launch pilot projects on expedited procedures in criminal cases in Beijing, Tianjin, Shanghai, Chongqing, Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, and Xian. Cases in which criminal suspects or criminal defendants voluntarily and truthfully confess their own criminal conduct, have no objections to the facts of the crime as charged, agree to the people's procuratorate's sentencing recommendation, and sign an affidavit, may be given a lenient disposition in accordance with law. Pilot project efforts shall follow the basic principles of the Criminal Law and Criminal Procedure Law, to safeguard criminal suspects' and criminal defendants' right to a defense and other procedural rights, to safeguard victims' lawful rights and interests, to preserve societal interests, to improve the procedure for notification of procedural rights, to strengthen checks and supervision, to tightly prevent and lawfully punish abuse of power and dereliction of duty, and to ensure judicial fairness.

On the basis of this Decision, the Supreme People's Court and Supreme People's Procuratorate are to work with relevant departments to draft pilot project measures that comply with the basic principles of the Criminal Law and Criminal Procedure Law, and make specific provisions for the applicable conditions, the range of leniency, the handling procedures, evidentiary standards, lawyers' participation, and so forth, and report this to the Standing Committee of the National People's Congress to be filed for the record. The period for the pilots is 2 years, beginning from the release of the pilot measures.

The June 27, 2014 Decision of the 9th Meeting of Standing Committee of the 12th National People's Congress, authorizing the Supreme People's Court and Supreme People's Procuratorate to carry out pilot projects on expedited procedures in criminal cases in the cities named above, are to continue to be carried out in accordance with the pilot measures.

The Supreme People's Court and Supreme People's Procuratorate shall strengthen organizational leadership and supervisory inspections over pilot project work, to ensure that the pilot project work is carried out pro-actively, prudently, and orderly. During the pilots, the Supreme People's Court or Supreme People Procuratorate shall submit a midterm report to the Standing Committee regarding the situation of the pilots. After the completion of the pilots, where practice shows it is feasible, relevant law shall be revised and improved; where practice shows that adjustments are inappropriate, return to applying the relevant legal provisions.

This Decision takes effect on September 4, 2016.

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