Lan, “judges can manipulate the trial procedure to ensure efficiency and convenience and turn the
trial into a mere formality.”31
Death penalty cases are also likely to be considered by the court’s adjudication committee. The court
president will decide, at the request of the collegial panel, if death penalty cases should be passed to
the adjudication committee for discussion and decision. Committees have an odd number of members
and their decisions can override those taken by the collegial panel. Recent reforms have established
specialist criminal adjudication committees to “discuss and decide major or difficult cases” (Organic
Law of the People’s Courts 2018. Art.36). In future, death penalty cases should no longer be heard by
judges lacking criminal law experience. Chinese legal scholars speculate that specialist criminal
committees may be more cautious in applying the death penalty since research suggests that they are
less supportive of the death penalty than their civil law counterparts. However, the new collegial
panels with a majority of lay assessors, it was suggested, may be more punitive.
Expedited procedures
Expedited procedures to the trial process were introduced in the 2018 revisions to the Criminal
Procedure Law. Expedited procedures may, in principle, be used for capital crimes although the main
target is less serious offences. It is too soon to tell what effect these new procedures may have on the
number of executions and whether the procuratorate will press for a two-year suspended death
sentence or a life sentence as the alternative to immediate execution. The lack of transparency in
death sentences will make this very difficult to research.
Many lawyers and scholars worry that the expedited procedures will increase the risk of miscarriages
of justice as criminal suspects will be encouraged to confess in the expectation of a speedier resolution
of their case and lesser punishment. At the heart of the expedited procedures is the principle of
‘admission of guilt and an acceptance of punishment’ (renzui renfa). A key concern is the voluntariness
of any admission of guilt and informed consent to the new procedures. The mentally ill, blind, deaf
and juveniles are exempted from the procedures, but, given the problems outlined in Chapter 2, there
are well-founded concerns that the procuratorate may not make concessions for those not obviously
displaying signs of mental illness.
Provisions for expedited procedures require investigators to inform suspects of their procedural rights
and the legal consequences of “admitting guilt and accepting punishment” (CPL.18 Art.173). The law
requires a suspect who agrees to renzui renfa to sign a plea affidavit in the presence of their defence
lawyer or a duty lawyer and the procuratorate. There are concerns that suspects will be placed under
pressure to sign the plea affidavit and lawyers are worried that they will not be given the opportunity
to advise their clients effectively. There is a high risk that the presence of lawyers at the signing of the
plea affidavit will be a tick box rather than meaningful procedure. Court proceedings will be limited
with no investigation by the court or debate at trial, although the judge must be satisfied that the
admission of guilt and acceptance of punishment in the written plea affidavit is lawful. There are real
worries that it will be difficult for lawyers or the court to reopen questions of guilt if such an affidavit
has been signed following inadequate legal advice or understanding.
31
Lan Rongjie. ‘A False Promise of Fair Trials: A Case Study of China’s Malleable Criminal Procedure Law.’ Pacific Basin Law
Journal Vol. 27. 2011.
37
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