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Human Rights and Rule of Law - News and
Analysis
Chinese Scholar Says Revised Criminal Procedure Law Likely To Require Witnesses to Appear in Court
A Chinese scholar who has participated in discussions on the amendment of the Criminal Procedure Law has said that a requirement that witnesses appear in court is very likely to be written into the law, according to a China Youth Daily report. The scholar notes that the failure of witnesses to appear in court is a "chronic disease" in the judicial process and has made it difficult to establish an adversarial framework in China¡¯s criminal justice system. If witnesses do not appear in court, he concludes, defense lawyers cannot cross-examine them, and judges find it more difficult to evaluate the veracity of witness testimony. The scholar sees this as a key flaw in the criminal justice system.
The failure of witnesses to attend trials has received increased attention in Chinese legal circles. According to Chinese sources, only a small percentage of witnesses in criminal cases appear in court (see related stories here and here). One source discussed in detail how police and prosecutors often intimidate or detain defense witnesses or witnesses who change their testimony at trial and undermine the government's case. The National People¡¯s Congress has included the amendment of the Criminal Procedure Law in its current five-year legislative plan. Chinese sources suggest that the first set of amendments is scheduled for formal consideration next year for possible implementation in 2007.
| Source: -See Summary (2005-08-09 ) |
Posted on: 2005-08-31 |
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| Link directly to this item with: http://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=19978 |
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