Top court proposes test of plea bargaining

A proposal to test plea bargaining in criminal cases is being considered by China’s top legislative body.

The Standing Committee of National People’s Congress is considering a proposal from the Supreme People’s Court and top prosecutors to create a pilot program under which criminal defendants would be allowed to voluntarily plead guilty before trial in exchange for lighter punishments.

The proposal, which was submitted on Monday, said plea bargains would lighten the burden on courts in processing relatively minor cases, fight crime efficiently and protect human rights.

Under current practice, a defendant may plead guilty in hope of getting a lighter sentence from the court. Prosecutors don’t play a role in deciding punishments.

The plea bargain proposal would introduce an arrangement under which a punishment for a particular crime is agreed to in advance between a defendant and the prosecutor in exchange for a guilty plea. The agreement would then be presented to the court for approval.

A two-year program to test plea bargains would be developed in 18 cities, including Beijing, Shanghai, Tianjin, Shenyang, Jinan, Guangzhou and Chongqing.

“It is a move to respect defendants or suspects, as well as a good way to protect their judicial rights,” said Zhou Qiang, president of the top court.

While the number of cases involving crimes that seriously harm society has been declining, minor cases with clear facts and ample evidence have remained high. Plea bargaining would allow the courts “to handle them efficiently and make better use of judicial resources”, Zhou said.

Plea bargaining may also help alleviate bottlenecks. With a limited number of judges, courts can be overwhelmed by their caseloads, he said.

Legal procedures can be simplified when suspects or defendants confess to their crimes and agree with charges and punishments, the proposal said.

For example, grassroots courts would be able to provide a judge in a criminal case but with no need for court investigation and debate. Judgment would simply be pronounced if a defendant had already pleaded guilty in a case where the prescribed sentence would have been less than three years, it said.

For offenders whose crimes would be punishable by a sentence ofmorethan three years, plea bargains would allow grassroots courts to abbreviate legal procedures through a collegiate bench, typically consisting of three judges, after the defendants admit guilt, the proposal said.