Chapter 12: The defence at trial observed (2)
The primary focus in this chapter is on trials in which the defendant or his or her family retained a lawyer. We look at the general strategies adopted by these retained lawyers and the extent to which they engaged in pro-active lawyering. We also examine the important issue of confession evidence and, in particular, how the system responds to allegations that the defendant’s confession was not reliable because of torture or some other improper behaviour on the part of investigating authorities. Confession evidence deserves this focused scrutiny because, as a matter of generality, it is the foundation-stone of the prosecution case in China and because it is, in and of itself, a test of the whole system and its willingness to comply with minimum standards of human rights. RETAINED LAWYERS E-IL-L-01 [Defence Lawyer]: [In the Intermediate Court] we will see if there is any possibility of collecting evidence. But in general, the court is rushing through the procedures because of the time limits. Therefore, in most cases, I don’t have enough time to read the files. E-IL-L-02 [Defence Lawyer]: According to the law, prosecutors should gather evidence proving the defendant’s guilt or innocence. However, in practice, it is quite difficult for us to find prosecution evidence proving the defendant’s lesser offence or anything advantageous to the defendant. At most, it may include some evidence to show the statutory circumstances (for leniency or severity) of the defendant’s act. Although research evidence from China1 is equivocal, it might be expected that lawyers...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.