The Decision on Amending the Criminal Procedure Law of the People's Republic of China (the "Decision") has been recently adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress ("NPC") and taken effect immediately from the date of issuance.
The Decision clearly states that, revisions introduced this time are aimed at optimizing the connection between the supervision and criminal proceedings, establishing the default judgment system for criminal cases, improving the lenient punishment system applicable to criminals pleading guilty in criminal cases, and introducing the rapid adjudication procedures, among others. The Decision adds a new chapter, titled Chapter III Default Judgment Procedures, into the original Part V (on Special Procedures). This new chapter provides that where the criminal suspect or the defendant in a case stays outside the territory of China, and such case involves crimes of corruption and bribery, or should be tried and settled in a timely fashion as it involves crimes or terrorist activities seriously endangering the national security, as examined and approved by the Supreme People's Procuratorate ("SPP"), the people's procuratorate may institute a public prosecution to the people's court, if it believes that facts about the crimes have been ascertained and are supported by conclusive and sufficient evidence and the criminal suspect or the defendant shall be held criminally liable in accordance with the law, after receiving this case referred to it by the supervisory or public security organ; the people's court shall decide to open the court session and render a judgment, if it considers after the examination of this case that the indictment specifies clear facts about the accusation and conditions to apply the default judgment procedures are met.
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