[Explanation] On February 4, the Supreme People’s Court held a press conference on the "Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China" (hereinafter referred to as the "Interpretation of the New Criminal Procedure Law"). Li Shaoping, Vice President of the Supreme People’s Court According to the introduction, the "Interpretation of the New Criminal Procedure Law" will come into effect on March 1, 2021.
[Concurrent] Li Shaoping, Vice President of the Supreme People's Court
The Interpretation of the New Criminal Procedure Law has a total of 27 chapters and 655 articles. It is the judicial interpretation with the largest number of articles in the history of the Supreme People’s Court and one of the most abundant and important judicial interpretations.
The "Interpretation of the New Criminal Procedure Law" added three chapters: "Pleas and Punishment Case Trial", "Expedited Procedure" and "Absent Trial Procedure", added 107 articles, and made substantive amendments to more than 200 articles.
[Explanation] Li Shaoping said that the "Interpretation of the New Criminal Procedure Law" strengthens judicial protection of human rights, effectively maintains judicial justice, and strengthens judicial protection of property rights. At the same time, the supervision law and the criminal procedure law are well connected, and the anti-corruption law will continue to maintain a high-pressure situation.
[Concurrent] Li Shaoping, Vice President of the Supreme People's Court
To meet the needs of the international pursuit and recovery of stolen goods in the new era, the Supreme People’s Procuratorate has approved criminal cases that seriously endanger national security and terrorist activities. If the criminal suspect or defendant is abroad, the trial procedure in absentia can be applied to make a judgment in accordance with the law, and the violation Proceeds and other property involved in the case shall be dealt with, and corrupt elements and other criminals shall not be allowed to escape the law or escape punishment.
[Explanation] The "Interpretation of the New Criminal Procedure Law" further strengthens the protection of the rights and interests of minors. Li Shaoping introduced that the "Interpretation of the New Criminal Procedure Law" implements the concepts of the newly revised "Minors Protection Law" and "Prevention of Juvenile Crimes" Spiritual and institutional requirements to strengthen special protection for minors.
[Concurrent] Li Shaoping, Vice President of the Supreme People's Court
In hearing cases where minors have suffered sexual assault or violent harm, when interrogating minor victims and witnesses, measures such as synchronized audio and video recording shall be adopted to complete the trial at one time; cooperation with relevant departments shall be strengthened to deal with those who have suffered sexual assault or violence. Adult victims and their families shall implement necessary protective measures such as psychological intervention, economic assistance, legal assistance, and transfer placement to strengthen special protection for minors.
At the same time, in order to effectively implement the relevant provisions of the Criminal Procedure Law, the confession should be excluded in accordance with the law if the legal representative or a suitable adult is not present when interrogating a minor.
[Explanation] It is understood that the current Criminal Procedure Law was revised and implemented at the sixth meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018. It was revised in 1996 and 2012.
Reporter Jean Baokui reports from Beijing
Editor in charge: 【Luo Pan】