Case Concerning Investigation Supervision of Theft of Fu X
(SPP Guiding Case No. 216)
Key words
Supervision of investigative activities; Minor criminal cases; Examination of the voluntariness of admission of guilt and acceptance of punishment; Prevention of wrongful convictions
Summary
In handling cases, the people's procuratorates shall strictly perform their duties of examination and supervision. Even in minor criminal cases where the criminal suspect admits guilt and accepts punishment, the people's procuratorates shall strengthen supervision over the legality of investigative activities and conduct a rigorous review of the voluntariness of admission of guilt and acceptance of punishment. The people's procuratorates shall adhere to the principle of evidence-based adjudication and shall prevent wrongful convictions resulting from false admissions of guilt and acceptance of punishment. When clues or evidence indicate that the criminal suspect may be innocent or that the offense is relatively minor, the people's procuratorates shall maintain an objective and impartial stance, and shall either collect evidence on their own or urge the public security organs to collect evidence in a comprehensive and objective manner, so as to comprehensively examine and determine the facts of the case.
Relevant provisions
Article 264 of the Criminal Law of the People's Republic of China
Articles 15, 52, 56, 57, and 177 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 72, 271, 365, 551, 552, 553, and 567 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Articles 3 and 28 of the Guiding Opinions on the Application of the System of Leniency for Admitting Guilt and Accepting Punishment of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice (Gao Jian Fa (2019) No. 13, effective as of October 11, 2019)
Article 187 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Authorities (Decree No. 127 of the Ministry of Public Security of the People's Republic of China, effective as of January 1, 2013) (now Article 191 in the Rev. 2020 of the Provisions on the Procedures for the Handling of Criminal Cases by Public Security Authorities)
