In China the question of whether a person is excused from criminal punishment by reason of mental incapacity is determined by an expert forensic evaluator who is a trained psychiatrist. There are about 2000 forensic psychiatric evaluators for all of China. The defense has no right to request an evaluation or hire his own experts, but may informally as that police, prosecutors or the courts do so. Their evaluation is rarely challenged, and many persons found ‘criminally insane’ will simply be released to their families. I guess, it’s clear why one would want to bribe them
This is not your Zhou Yongkang’s Political-Legal Commission. Following the ongoing discussion of the role of cops, procs and courts in preventing wrongful convictions, the political legal commission has apparently issued a guiding opinion weighing in on the matter. Will it be more successful in stopping wrongful convictions and police abuse than, well, the laws have been? Time will tell, but this is a promising sign of commitment to reform.
Shen Deyong continues to push the Zhou Qiang court’s commitment to the presumption of innocence, and strict requirements of evidence in both sentencing and adjudication. Calling on the courts to work together with police and procuratorates to raise the quality of evidence gathering, presentation, debate and acceptance, and to recognize the equal and legitimate role that defense attorneys play in this process.