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China Focus: China scores new achievements in judicial protection of human rights
July 17,2017   By:Xinhua

Moreover, the Supreme People's Court issued the Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases, stipulating that the defendants should be acquitted for lack of evidence, and no one should be prosecuted without criminal evidence.

A number of wrongful convictions have been overturned in accordance with the law.

EXCLUSION OF UNLAWFUL EVIDENCE

China has clarified rules to exclude unlawful evidence in its laws to protect the legitimate rights and interests of criminal suspects, according to the article.

The Criminal Procedure Law revised in 2012 makes it clear that confessions extorted through illegal means, such as torture, and witness testimony and depositions of victims obtained illegally, such as by violence or threats, should be excluded during the trials.

In June 2017, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice jointly released a regulation on the exclusion of illegally obtained evidence in criminal cases, clarifying identification criteria and procedures to exclude unlawful evidence.

For example, the regulation makes it clear that forced self-incrimination is prohibited.

According to the regulation, confessions, witness testimony and depositions of victims obtained by force will no longer be accepted as evidence.

Defenders of criminal suspects are allowed to apply for illegal evidence to be ruled out during the investigation, empowering lawyers with a more effective role in procedural defense.

China has made well-acknowledged achievements in advancing the rule of law, guaranteeing the rights of legal practitioners and judicial protection of human rights since the 18th CPC National Congress in late 2012.