Government and Policy

New law mandates prosecutors to interview suspects

By Zhang Yan (China Daily)
Updated: 2010-09-16 07:56

BEIJING - Prosecutors across the country have been urged to question criminal suspects before they issue arrest warrants to prevent wrong arrests and to discover police malpractices such as forced confessions, according to a new regulation made public on Wednesday.

The regulation, jointly issued by the Supreme People's Procuratorate (SPP) and the Ministry of Public Security, stipulates that under the following four circumstances, prosecutors are obligated to question the suspects:

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When doubts remain in some key problems such as whether the suspect really committed the crime.

When the case is serious and complicated, for example, involving murders or other crimes that might result in penalties heavier than life in jail.

When the suspects are juveniles.

When clues or evidence indicate forced confessions.

In other criminal cases, prosecutors are also encouraged to question the suspects to verify the testimony and evidence provided by the police, according to the regulation published on the official website of the SPP.

If the suspect is deaf, mute, or an ethnic minority or foreigner who cannot understand the local commonly used language, translators should be hired. Translators must sign their names in the written testimony as well, the regulation stipulates.

According to China's Criminal Procedure Law, procuratorate authorities must examine arrest applications filed by the police before issuing a formal arrest warrant.

The new regulation is to prevent wrong arrests and better protect the rights of the suspects, according to a written Q&A made public on the SPP's website together with the regulation.

"Questioning the suspect is an important way for prosecutors to listen to their defense. In face of some doubts, prosecutors can verify the facts so as to prevent wrong arrests," said the Q&A.

The move is also an effective way to supervise police investigations, it said.

"Questioning the suspect can help prosecutors find illegal practices in investigation, particularly forced confessions," said the Q&A.

Xu Yongjun, a senior prosecutor from Haidian People's Procuratorate in Beijing, told China Daily that the new regulation is a step forward from a circular issued by the SPP in August on strengthening the questioning of suspects before issuing an arrest warrant.

Xu said the Haidian procuratorate is prosecuting about 5,000 cases each year, but prosecutors question suspects in only 50 percent of the cases. But this rate is still higher than the average of the national level.

"We don't have enough people, and prosecutors have only seven days to decide whether or not to approve the arrest," he said.

The new regulation also asks prosecutors to carefully examine opinions filed by the suspect's lawyer and listen to the lawyer's suggestions if necessary.

Yue Shenshan, a lawyer of the Beijing-based Yuecheng Law Firm, said the new regulation is a "very big improvement" on the protection of suspects' rights and will help reduce wrong and unjust charges.

"In practice, it's quite hard for lawyers to meet their detained clients, but it's much easier for prosecutors to meet the detainee and take action if signs of torture are found," Yue said.

Wang Haiyan, a law professor at China University of Political Science and Law, said the regulation has good intentions, but the key problem is whether it can be implemented.

"It's difficult for prosecutors to get proof of police torture," she said. "The regulation still needs supportive measures."

Cao Yin and Wang Qingyun contributed to this story.