Extensive changes will be made to the mainland's Criminal Procedure Law according to a draft revision submitted to the National People's Congress Standing Committee yesterday.
The draft has not yet been made available to the public but according to Xinhua the changes cover all stages from arrest, detention and interrogation to trial, as well as much-called-for reforms to the evidence and witness system, and the rights of defence counsel.
The first draft includes a list of 99 amendments and expands the law from 225 clauses to 285. The law, introduced in 1979, was last amended 15 years ago. The draft may have to undergo more rounds of reading before adopted by the legislature.
A Standing Committee spokesman said the changes reflected the authorities' efforts to deal with some 'incompatibility problems' that had emerged between the criminal justice system and a rapidly developing society. It also aimed to strike a balance between punishing crime and protecting human rights.
Meanwhile the legal community hopes that the changes will be enforced this time around, and that a ban on the use of torture to obtain confessions will finally be heeded.
Mainland media reports say that for the first time the draft states that it is a citizen's duty to testify about what they know about a case. It also sets up a system to compel witnesses to testify in court and protect witnesses in cases where retribution is feared.
Also for the first time, police may be made to testify in court, and witnesses who refuse to give evidence to police or testify in court without an appropriate reason may be detained for up to 10 days. However, there will be exceptions to this rule, covering spouses, parents and children.