SCNPC authorizations of pilot projects on expedited procedures in criminal cases

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Source: http://www.npc.gov.cn/npc/xinwen/2014-06/28/content_1869454.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 on expedited procedures in criminal cases in some Cities

(Passed on June 27, 2014 by the 9th meeting of the Standing Committee of the Twelfth National People's Congress )

So as to further improve criminal procedures, to rationally deploy judicial resources, to improve the quality and efficiency of criminal trials, and to preserve the lawful rights and interests of parties, the 9th 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, Xian. Expedited procedures may be applied where the facts are clear, the evidence is sufficient the defendant voluntarily admits the crime and parties have no contention regarding the application of law, in cases of dangerous driving, traffic accidents, theft, fraud, robbery, assault, provocation (picking quarrels) where the circumstances are minor, and a sentence of less than one year of imprisonment, short-term detention, controlled release or a fine alone might be given in accordance with law; to further simplify the procedures in the Criminal Procedure Law Pilots on using the expedited procedures in criminal cases shall comply with the basic principles of the Criminal Procedure Law, fully protecting the procedural rights of the parties and ensuring judicial fairness. Pilot Measures are to be drafted by the Supreme People's Court or Supreme People Procuratorate, and reported to the Standing Committee of the National People's Congress for recording. The period for the pilots is 2 years, beginning from the release of the pilot measures.

The Supreme People's Court and Supreme People's Procuratorate shall strengthen the Organizational guidance and supervision and inspection of pilot projects. 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 shall enter into force on the date of its release.

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2 Comments

  1. The second phrase of the second paragraph shall read, “During the pilots, the SPC and the SPP shall submit a midterm report to the NPCSC regarding the situations of the pilots.” Also interestingly, the link at the top of this page actually links to the midterm report instead of the Authorization Decision.

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