Criminal Law of the People's Republic of China

“ China ensures the legitimate rights and interests of criminal suspects, defendants, prisoners, minor offenders under community correctional programs, people on drug rehabilitation and people released from jail after serving their sentence. China has put in place sound systems of commutation, parole and temporary execution of sentence outside prison, and continues to improve the mechanisms for promoting open, dynamic, transparent, and convenient law enforcement in prison, and to standardize law enforcement in prison. ”

“ A person is presumed innocent until convicted by a judicial body. The right to defend himself or herself and other rights in judicial proceedings that a criminal suspect, defendant, and other parties in judicial proceedings are entitled to under the law shall be protected. No one shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in judicial proceedings. ”

“ Where a criminal suspect voluntarily confesses the facts of a crime he is suspected to have committed and thus makes a major meritorious contribution, or the case involves major state interests, upon review and approval by the Supreme People's Procuratorate, the public security organ may dismiss the case, and the people's procuratorate may decide not to prosecute him at all or, if the case involves several charges, not to prosecute him on one or more of the charges. ”

“ The Criminal Procedure Law states in the General Provisions that respecting and protecting human rights is one of the objectives of this law, and defines the principles of presumption of innocence and exclusionary rule to protect the human rights of criminal suspects, defendants and criminals. ”

“ When people of different classes and ranks violated the same criminal law, the criteria for imposing penalties and the means of punishment were quite different in old Tibet. As stipulated in the Code, a servant who fought and severely injured his master could have his hands or feet chopped off; but a master who injured a servant only need to give the servant medical treatment ”

“ Organs issuing exit and entry documents and immigration control agencies have the authority to decide not to allow members of overseas criminal gangs to enter China, not to issue entry documents to them, or to declare their entry documents invalid. ”

“ Improving the Legal System to Protect People’s Basic Rights Under the leadership of the CPC and based on the Constitution, a Chinese socialist system of laws has taken shape, providing a relatively complete legal system to protect human rights. As of April 2021, there were 277 laws in force in China, including the Constitution and related laws, civil and commercial law, administrative law, economic law, social law, criminal law and procedural law related to litigation and non-litigation. ”

“ Preventing and punishing any incidents of forced labor. China's Criminal Law, Labor Law, Labor Contract Law, and Public Security Administrative Punishment Law all stipulate that the following actions are strictly forbidden and will lead to administrative punishments: forcing a person to work by means of violence, threat, or illegal limitation of personal freedom ”

“ If there is verified evidence proving that the criminal has committed an intentional crime during the suspension period and the circumstances are serious, and therefore his death sentence should be executed, the higher people's court shall submit the matter to the Supreme People's Court for approval. ”

“ China stands ready to enhance judicial and law-enforcement cooperation with relevant countries in a joint effort to fight transnational crimes, and calls on all countries to enhance their political will for international cooperation, overcome differences in legal systems, promote cooperation within the framework of the UNTOC, including cooperation on extradition, provide wide judicial assistance, and cooperate in the recovery and disposal of criminal proceeds. ”

“ It would seem that one of the curious little customs they have in China is to arrest all the relatives of a man accused of crime, as well as the criminal himself. These unfortunate people they cast into prison, taking away from them their property, and everything of value they possess. ”