Chinese Criminal Procedure (2018 Revision)
The PRC Criminal Procedure Law (Xingshi Susong Fa, 刑事诉讼法), originally enacted in 1979 and comprehensively revised in 1996, 2012, and 2018, governs the investigation, prosecution, and adjudication of criminal cases. The 2018 revision introduced the guilty plea and punishment leniency system, strengthened defense rights, and addressed procedural issues arising from the national supervision reform.
Investigation
Criminal investigation is conducted primarily by the public security organs (gong’an jiguan), who exercise investigative powers including detention, arrest, search, seizure, and interrogation. The 2018 revision maintained the basic structure of investigative powers while introducing additional safeguards against abusive investigative practices.
The Criminal Procedure Law imposes time limits on pre-arrest detention: up to 37 days for investigation of persons detained on suspicion of crimes, with extensions available for complex cases. The law requires that suspects be informed of their rights upon detention and that investigative organs obtain arrest warrants from the People’s Procuratorate. The law prohibits the use of illegal methods of evidence collection, including torture to obtain confessions, and provides for the exclusion of illegally obtained evidence.
The Supervision Law (2018) transferred the investigation of corruption and duty-related crimes from the procuratorate to the newly established Supervision Commission. The Supervision Commission exercises powers similar to criminal investigation but operates under a separate legal framework with different procedural safeguards, including longer detention periods and limited access to counsel.
Procuratorial Review
The People’s Procuratorate reviews investigative outcomes and decides whether to initiate public prosecution. The procuratorate has the power to approve arrests, review evidence, conduct supplementary investigations, and decide not to prosecute where the evidence is insufficient or the case does not meet the threshold for prosecution.
The 2018 revision expanded the procuratorate’s role in procedural supervision, including oversight of investigative activities, supervision of court proceedings, and enforcement supervision. The procuratorate also exercises the power of legal supervision over the entire criminal justice process, including the Supervision Commission’s investigation of duty-related crimes.
Trial Procedure
Criminal trials in China follow a mixed inquisitorial-adversarial model. The trial judge plays an active role in examining evidence and questioning witnesses, but the prosecution and defense also present cases, examine witnesses, and make legal arguments. Trials are conducted before a panel of judges (three in ordinary cases) or a single judge (in summary procedure cases).
The Criminal Procedure Law provides for three types of trial procedures: ordinary procedure (putong chengxu), summary procedure (jianyi chengxu), and expedited procedure (sucai chengxu). Summary procedure is available for cases where the defendant admits guilt and the potential sentence is less than three years. Expedited procedure, introduced in 2018, is available for cases where the defendant admits guilt and the potential sentence is less than one year.
Defense Rights
The Criminal Procedure Law guarantees the right to defense, including the right to counsel, the right to meet with counsel, and the right to examine evidence. The 2012 revision strengthened defense rights by requiring that investigative organs notify the family and counsel within 24 hours of detention and by providing that counsel may be present during interrogations in certain cases.
The right to counsel is subject to significant limitations in practice. Criminal defense lawyers face obstacles in meeting clients, accessing case files, and conducting investigations. The Criminal Procedure Law provides that counsel may be excluded from cases involving state secrets, and the national security and supervision cases are subject to additional restrictions. The SPC has periodically issued guidance aimed at protecting defense rights, but enforcement remains inconsistent.
Guilty Plea and Punishment Leniency System
The guilty plea and punishment leniency system (renzui renfa congkuan zhidu, 认罪认罚从宽制度), formalized in the 2018 revision, provides for reduced punishment where the defendant admits guilt, accepts the punishment recommended by the procuratorate, and agrees to the summary or expedited procedure. The system was piloted from 2016 and became applicable nationwide in 2018.
Under the system, offenders admitting guilt and accepting punishment receive reduced sentences, typically 10-30% less than would otherwise be imposed. The procuratorate sets forth the recommended punishment in a sentencing proposal, which the court must accept unless it finds the recommendation manifestly improper. The system has significantly increased efficiency: over 80% of criminal cases are now handled through the guilty plea procedure. Critics argue that the system pressures defendants to waive their right to trial and that the sentencing reductions are used to induce guilty pleas regardless of actual guilt.
Exclusionary Rules
The exclusionary rules (feifa zhengju paichu, 非法证据排除) provide that evidence obtained through illegal methods — including torture, violence, threat, deception, or inducement — is inadmissible in criminal proceedings. The 2012 and 2018 revisions strengthened the exclusionary rules and established procedures for their application.
The exclusionary rules apply to confessions, witness statements, and physical evidence. Confessions obtained by illegal methods are automatically excluded. Physical evidence obtained in violation of legal procedures may be admitted if the violation can be cured or explained. The court has the duty to investigate allegations of illegal evidence collection and to exclude illegal evidence on its own motion. The exclusionary rules have been applied in high-profile cases, including the Nie Shubin retrial, where illegally obtained confessions were excluded.