无码中文字幕一Av王,91亚洲精品无码,日韩人妻有码精品专区,911亚洲精选国产青草衣衣衣

Comment
Obtain proof fairly
2010-Jun-1 07:48:21

Suspects arrested on criminal charges are presumed innocent until proven guilty; that is the principle in theory. Yet, extracting confessions through torture undermines that tenet, since suspects would be presumed guilty.

Zhao Zuohai's is a case in point. Zhao was given death with a two-year reprieve, and he eventually stayed behind bars for 10 years for a crime he did not commit. Zhao's case is but one example, and points to the urgency of drafting detailed rules to prevent law enforcement officers from obtaining "confessions" using unlawful methods.

Thankfully, five departments of the State, including the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security have jointly released two documents over the weekend specifying regulations that will rule out unlawful evidence in a criminal trial.

One stipulation is for courts to require defendants and their lawyers to provide clues as to who, when, where and how the unlawful evidence was extracted, if the defendants maintain that the proof provided was illegal.

China's Criminal Law is clear that law enforcement officers should never torture suspects to obtain evidence. But it fails to specify how any evidence extracted through torture can be prevented from being used in court to incriminate suspects.

Undue emphasis on achieving a high success rate in criminal cases has been the major reason why police officers use whatever means available to extract confessions. Along with the new stipulations, effective supervision over police behavior is also essential to ensure that the rules are strictly followed.

(China Daily 06/01/2010 page8)

[Jump to ]
Nation | Biz | Comment | World | Celebrity | Odds | Sports | Travel | Health
ChinaDaily Mobile News
m.chinadaily.com.cn
To subscribe to China Daily, call 010-64918763 or email to circu@chinadaily.com.cn