Shanghai family lawyer

Our Shanghai lawyer share insights on the criminal defense matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

This comment is from a Shanghai lawyer's view on the change to the criminal procedure law.

China's legislature approved revisions Wednesday to a key criminal law that at least on paper will restrict police powers to secretly detain people, a tactic increasingly used against activists and government critics.

The changes to the criminal procedure law were the most high-profile ones passed on the last day of the annual National People's Congress. The Communist Party-controlled body also approved a budget for this year that calls for a boost in domestic consumption to keep the economy expanding while overseas markets remain weak.

While legal reformers have mostly applauded the revisions, saying they will offer better protection of suspects and reflect increasing awareness in China of the need for stronger detainee rights, legal enforcement in China is another matter. Police and prosecutors routinely ignore current legal provisions protecting suspects' rights and have frequently used charges of endangering national security against dissidents.

The approval of the revised law by a vote of 2,639 for and 160 against ends months of speculation and debate about whether the government would give police the legal authority to do something they have long done extra-legally: disappear people for months at a time without telling their families.

Police have increasingly used the tactic over the past year to detain activist lawyers, democracy campaigners, and even internationally acclaimed artist Ai Weiwei, amid government worries about whether the popular uprisings of the Arab Spring might spread to China. There are two relevant articles in the new law that deal with notifying families, one in regular criminal cases and the other involving a type of detention known as residential surveillance. Both have been revised to better protect detainees, though they don't do away completely with secret detentions, scholars said.

Published in Criminal Defense

Get into touch

Our Shanghai lawyers offer free preliminary consultation through phone call and email. All inquires will be addressed.

Call Shanghai lawyer at:
+86 18819019636

Email us at:
peterzhulaw@hotmail.com

You are here: Criminal Defense Shanghai Lawyer: Criminal procedure