Criminal Procedure Law changes 'will strengthen protection of minors'

The new interpretation on the application of China's Criminal Procedure Law that takes effect from March 1 will further strengthen the protection of minors' rights and interests, a Supreme People's Court senior official said on Thursday.

The Standing Committee of the 13th National People's Congress, China's top legislature, adopted a decision in October 2018 to amend the Criminal Procedure Law. The interpretation consists of 27 chapters and 655 articles.

Li Shaoping, vice president of the court, said it is the judicial interpretation with the largest number of articles in the history of the Supreme People's Court, and one of its most informative and important interpretations.

He said the strengthened protection of minors' rights is one of the highlights of the interpretation.

It makes clear that if a minor is interrogated in the absence of a legal representative or an adult, the minor's confession shall be excluded in accordance with the Criminal Procedure Law.

The interpretation stipulates that in cases involving sexual assault or violent harm of minors, courts should simultaneously record audio and video while interrogating the victims and witnesses. The recording should be completed in one go.

Cooperation with other departments should be strengthened to enable psychological intervention, financial assistance, legal aid, school transfers, as well as other protective measures for minor and their families involved in cases of sexual assault or violence.

The interpretation also stipulates that courts shall hold a trial to hear all second instance cases of death sentence with reprieve.

Shen Liang, head of the SPP's first division of criminal trial, said death penalties require the most stringent and prudent trial procedures. The Criminal Procedure Law stipulates that courts shall form a collegiate court to hear appeals in cases where the defendant has been sentenced to death, and that should also include appeals of death with reprieve.

"It is an important measure to promote the reform of the trial-centered litigation system and improve the trial procedures for death penalty cases," he said, adding that it will help further protect human rights and ensure the fairness and prudence of judgments.

The decision on amending the PRC Criminal Procedure Law came into effect on Oct 26 in 2018, marking another important reform of the criminal procedure system following the amendments to the law in 1996 and 2012.

Compared with the previous interpretation released in 2012, the new one has added three chapters on the trial of cases involving guilty pleas and punishments, expedited adjudication procedures and trial in absentia procedures, adding 107 articles and making amendments to over 200 articles.