To err is human, to forgive divine. But forgiveness is becoming
human as China attempts to improve its legal system.
Those accused of petty crimes especially teenagers and first
offenders will receive lenient treatment, says a document released
by the Supreme People's Procuratorate yesterday.
Suspects can avoid being arrested or prosecuted depending on the
circumstances if they're younger than 18 and their crimes are
minor, if it's proved they'd been forced to commit the offence or
if they confess, says the document.
Adult suspects who commit minor crimes, especially first-time
offenders, could get lighter sentences, it adds.?
Groups of suspects could also get more liberal treatment. The
document has asked prosecutors to be "cautious" when approving
arrest or sanctioning prosecution in what may be regarded as
ordinary mass incidents.
Spokesman for the top procuratorate, Tong Jianming, said at a
news briefing yesterday that tempering justice with mercy was "a
big step forward" in the legal system.
"It'll better protect the rights of the suspects especially if
they're less than 18 or first-time offenders. We want to save every
juvenile," he said.
China has been adopting strict criminal policies since the 1980s
to curb crime and gave provincial courts the authority in 1983 to
pass death sentences in serious cases.
But the rapid social and economic development has made the
government realize that it's not necessary to have strict policies
for all types of crimes. And changes in the legal system have taken
place gradually.
Vice-president of the Supreme People's Court, China's top court,
Cao Jianming made it clear at a national high court presidents'
conference last month that within the scope of the law judges
should hand down shorter sentences to minors and first-time
offenders.
As an example an offender could be jailed for three to four
years if the law says the nature of the crime demands three to
seven years' prison.
Last month the top court took back the right to review and take
a final decision on death sentence cases and urged judges across
the country to exercise "extreme caution" if passing the death
penalty.
But not everyone will be treated with mercy. The top
procuratorate's document says suspects in serious criminal cases
that threaten public security will continue to receive harsh
sentences. Such crimes include murder, rape and arson. Economic
crimes, including the infringement of intellectual property rights,
also fall into the category.
Those instigating mass violence with malicious intent and
corrupt officials who take bribes or embezzle property are also
among those who'll face severe punishment, the document says.
Tong said the number of crimes in China was still high and it
was necessary to remain strict with serious criminals to maintain
social stability.
Ministry of Public Security figures show police handled 4.19
million criminal cases in the first 11 months of last year. This is
almost the same as the corresponding period of 2005.
(China Daily February 2, 2007)