2012年8月3日星期五

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BEIJING - China's Supreme People's Procuratorate (SPP) has ordered tighter supervision of prosecutors to prevent the overuse of probation in sentences for work-related crimes such as bribery.
In a circular released on Thursday, the SPP stipulated that two levels of procuratorial departments should work together to supervise the first trials of work-related crimes.
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A spokesman for the SPP said that from 2005 to June 2009, almost 70 percent of those convicted of work-related crimes were either exempt from punishment or got reprieves.
"In a country where non-custodial sentences were handed down in no more than 40 percent of the total cases, this percentage is way too high," Zhao Lengnuan, a commentator focusing on legal issues, was quoted by China News Service as saying.
"Some say it shows a trend of humanism. I say it is privilege."
Work-related crimes include embezzlement, bribery and dereliction of duty.
State-owned enterprise managers and government officials, who make up the majority of those convicted of work-related crimes, are believed to have enjoyed "special treatment" in sentencing.
The SPP spokesman said that it has noticed the public's "strong reaction" to sentences that they perceive as being too lenient.Supervision of prosecutors to be tightened
"It's an urgent task for us to solve the problem, strengthen supervision and pursue justice and equity," he said.
According to the regulation, which takes effect on a trial basis in 2011, the two levels of prosecutors should strictly scrutinize whether the courts handed down the correct verdicts based on legal evidence during the first trial. They also need to check whether illegal behavior of the judicial staff is hindering a fair and objective sentence.
"The first trial is the most fundamental and important stage, and having two procuratorates examine this process at the same time can effectively avoid possible wrongful conviction," said Hong Daode, a judicial law professor in China University of Political Science and Law.
Chen Weidong, a law professor at Renmin University of China, also applauded the regulation and believed the involvement of a higher procuratorate could safeguard the independence of the investigation.
"For many work-related crimes, it is quite common for a lower procuratorate to get disturbed by other local political powers or complicated interpersonal relations, and sometimes this creates many barriers for judicial justice. So if a higher procuratorate can also take part in the process, it can use its advantage and authorities to make sure the supervision is effective," Chen told China Daily.
If the two levels of prosecutors hold different views about the case, the lower procuratorates will undoubtedly have to follow the decision from the higher ones, Chen said.
Cao Yin contributed to this story.

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