Media: further amendment of witness system in Criminal Procedure Law

category:Society
 Media: further amendment of witness system in Criminal Procedure Law


In April 25th, the Criminal Procedure Law (Draft Amendment), which was submitted to the second meeting of the Standing Committee of the thirteen National Peoples Congress (NPC), stipulates that a criminal suspect can not prosecute or revoke a case in accordance with the law. This provision is one of the concrete measures for the principle of leniency in dealing with criminal cases in the draft. It has high practical value for criminal suspects who have pleaded guilty and have great meritorious service to not prosecute or revoke cases according to law. It is not only conducive to the prosecution and proof of some crimes, but also the supplement and perfection of the current criminal procedure and evidence system in China. Recourse and proof will be more powerful Major meritorious service includes exposing and exposing major crimes committed by others or providing important clues to detect other major cases and verifying the facts. In practice, some cases are highly secretive and organized, such as bribery crime, drug crime and crime in the underworld. The perpetrator in this kind of crime often has a strong sense of anti investigation, which is difficult to find and prove difficult to prove. Take the crime of bribery as an example, for the use of cash bribe bribery, after accepting bribes in other peoples name or other peoples domicile, basement, there is no record of funds for verification, and the lack of clues and evidence about the whereabouts of the stolen money. For example, in the bribery case of a party secretary in Henan Province, all the bribes they receive are cash, except that 200 thousand yuan is deposited in the name of the bank to keep the bank card, and the rest of the cash is given to his driver or friend, or even by the bribe. Therefore, the bribe - briber and the depository of the stolen money and stolen goods in the bribery crime expose the witness testimony of the facts of the bribery of others, which are important evidence clues and also the key evidence for the conviction and sentencing. However, bribery, custody and other acts constitute a crime, the behavior of the perpetrator in disclosure, testimony to be punished by the law, refusing to testify, not as good as the case is more common. According to the provisions of the draft, the bribery and custodian confession and punishment and great meritorious service can not be prosecuted or revoked in accordance with the law. The draft does not criminalization, non criminal diversion and treatment, and its unconvictions and no criminal penalties can be relieved of their psychological concerns in this respect, so that they can testify truthfully. The prosecution of others criminal acts is conducive to the prosecution of these criminal cases which are difficult to obtain evidence. A new exploration of the witness system It is also a supplement and perfection to the criminal witness system in China for those who plead guilty or make meritorious deeds and do not prosecute or cancel cases according to law. China is gradually improving its reward and encouragement system for whistleblowers and witnesses. For example, in 2016, the Supreme Peoples Procuratorate, the Ministry of public security and the Ministry of Finance jointly issued the sixteenth provisions of Several Provisions on the protection and reward of duty offense to the whistle blower, the highest reward for the duty offense is not more than 500 thousand yuan, and the Supreme Peoples procuratorial hospital has a special contribution to be approved by the Supreme Peoples procuratorial hospital without the limit of the amount. For criminal suspects who are being prosecuted for criminal investigation, they have to admit punishment and have great meritorious service, such as preventing other people from committing a crime or providing substantial help to the public security organs and the peoples Procuratorate in the detection and hearing of major crimes, and not prosecuting or revoking the case according to law. Encourage and protect and reward whistleblowers for job-related crimes. Taking drugs, black and organized crime as an example, when the internal conflict of interest conflicts in the organization and the threat to the freedom of the disadvantaged side, it objectively has the demand for the Criminal Justice Department. But on the one hand, these people, on the one hand, are worried that they are the first target of criminal justice, and on the other hand, they are worried that it is difficult to obtain full and effective and sustained protection and suffer from retaliation from internal organizations. When they are threatened, they are often afraid to report, dare not report, and dare not to testify in court. The draft law stipulates that the criminal suspects who have pleaded guilty and have great meritorious service do not prosecute or revoke the case according to law. It is a systematic improvement of the system of protecting and encouraging witnesses to testify on the basis of the previous reform, and is a further exploration of the construction of the witness system in China. But there are three points to note, first of all, to ensure the voluntary nature of the suspects confession and punishment in such cases. Second, we should guard against false accusations, especially in cases of drugs and bribery, which are highly dependent on verbal evidence, and we need to guard against risks. Finally, the relevant parties should provide adequate and sustained personal safety protection to those who have great meritorious service, their close relatives and close relatives until the risk is disappearing, especially in cases of duty crime, drugs, black and organized crime. Source: Beijing News Editor: Qi Jian Jian editor: Ji Ke _b6492 But there are three points to note, first of all, to ensure the voluntary nature of the suspects confession and punishment in such cases. Second, we should guard against false accusations, especially in cases of drugs and bribery, which are highly dependent on verbal evidence, and we need to guard against risks. Finally, the relevant parties should provide adequate and sustained personal safety protection to those who have great meritorious service, their close relatives and close relatives until the risk is disappearing, especially in cases of duty crime, drugs, black and organized crime.