Criminal Justice in China

Criminal Justice in China

An Empirical Inquiry

Mike McConville

The political, economic and social transformations that have taken place in China over the last half-century have had a major impact upon the formal methods, institutions and mechanisms used to deal with alleged criminal infractions. This path-breaking book, based upon the largest and most systematic empirical inquiry ever undertaken in China, analyses the extent to which changes to the formal legal structure have resulted in changes to the law in practice.

Chapter 5: Pre-trial preparation of prosecutors

Mike McConville

Subjects: asian studies, asian law, law - academic, asian law, criminal law and justice, human rights, politics and public policy, human rights

Extract

INTRODUCTION Once they have completed their investigations, the police in China transfer the case file to the procuratorate with a recommendation as to whether or not the suspect should be prosecuted. In our sample of cases the police recommended prosecution in all but one case. In this chapter we set out the powers and duties of the procuratorate in China and, drawing upon our case file analysis and our interviews with prosecutors, provide an overview of what prosecutors do in practice. We examine the steps taken by the prosecutor to evaluate the strength and persuasiveness of the police case and any action that they take in this regard utilizing the powers invested in them by the 1996 CPL and other provisions. THE PROCURATORATE: POWERS AND DUTIES UNDER THE 1996 CPL As previously explained, if, having completed its investigation, the public security organ concludes that the facts are clear and the evidence ‘reliable and sufficient’, the security organ is mandated to make a written recommendation for prosecution and to transfer the case file and evidence to the procuratorate for examination and decision: Article 129, 1996 CPL: After a public security organ has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the People’s Procuratorate at the same level for examination and decision. It is the duty of the procuratorate to...

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