In a previous post, ChinaLawTranslate provided data from a break down of disciplinary commission investigations relating to corruption investigations. Such investigations are internal to the Party and not part of the formal criminal justice system. This post looks at data made available today regarding actual criminal investigations by the people’s procuratorates.
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