Advertisement

New | China's top prosecutor's office issues test rules to tackle prolonged detentions

Top procuratorate releases new guidelines for holding criminal suspects but rights advocates say they will do little for detainees in the system

Reading Time:2 minutes
Why you can trust SCMP
Police officers stand guard outside a Beijing court during a Chinese rights activist's hearing last year. Photo: Reuters

The top prosecutor's office in China has issued new test rules aimed at stamping out prolonged detention of criminal suspects.

But rights lawyers and legal experts said the trial regulations were unlikely to improve the situation for detainees, especially those held on human rights and political grounds.

The Supreme People's Procuratorate released the full text of the test rules on its website yesterday. They were issued and came into effect on June 1.

Advertisement

Under the regulations, procuratorial officers will issue rectification notices to the police if cases of prolonged detention are uncovered at detention centres. On receiving a notice, police should within seven days release the suspects or apply for an extension to keep holding them.

The procuratorate will monitor police to ensure they fast-track cases of suspects being held for over five years without being sentenced.

Advertisement

The top procuratorate will handle directly any cases in which the detention exceeds the legally prescribed limit by more than six months or when suspects are detained for over eight years without receiving a verdict.

The Criminal Procedure Law allows criminal suspects to be held for up to 37 days before being either arrested or released. After a formal arrest, a suspect can held for up to seven months while police investigate and another six and a half months while prosecutors decide to file an indictment.

Advertisement
Select Voice
Choose your listening speed
Get through articles 2x faster
1.25x
250 WPM
Slow
Average
Fast
1.25x