Reports: Ev­i­den­tiary rules for­ti­fied

China Daily (Canada) - - TOP NEWS -

In Shang­hai, for ex­am­ple, be­tween July 2016 and Septem­ber this year, the city’s courts re­ceived 24 ap­pli­ca­tions from de­fense at­tor­neys to strike ev­i­dence sus­pected to have been ob­tained il­le­gally, lead­ing to 15 re­views on the le­gal­ity of ev­i­dence, he said.

The top pros­e­cut­ing author­ity said in its re­port that it has also im­proved its work sys­tem to guard against wrong­ful cases.

“What we want is to keep prose­cu­tors from mak­ing mis­takes or pro­ceed­ing with unsound pros­e­cu­tions,” said Cao Jian­ming, procu­ra­tor gen­eral of the top procu­ra­torate.

Since 2013, charges against 870 peo­ple have been dropped after dis­cov­ery of im­proper or il­le­gal ev­i­dence, ac­cord­ing to the re­port de­liv­ered by Cao.

Wang Dianxue, a crim­i­nal de­fense lawyer in Bei­jing, ap­plauded the au­thor­i­ties’ ef­forts to re­move im­proper ev­i­dence “be­cause the stricter the re­view of ev­i­dence, the more ef­fec­tive the avoid­ance of wrong­ful con­vic­tions”.

Many courts start their re­view pro­gram when lawyers ap­ply for the ex­clu­sion of im­proper ev­i­dence, he said. But im­prov­ing com­mu­ni­ca­tion with lawyers so they un­der­stand more about the ap­pli­ca­tion pe­riod also is nec­es­sary.

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