Supreme People's Court: Pilot program for fast-track criminal case procedures launched in 18 regions.

The Standing Committee of the National People's Congress set a precedent for "experimental legislation" in the judicial field.

Authorization is proposed for 18 regions to carry out pilot work on fast-track procedures for criminal cases.

[4] Zhou Qiang, on behalf of the Supreme People's Court and entrusted by the Supreme People's Procuratorate, explains the relevant draft decision

China Court News (Zhang Xianming). At the first plenary meeting of the ninth session of the Standing Committee of the 12th National People's Congress held on the morning of June 23, it was learned that the NPC Standing Committee has pioneered "experimental legislation" in the judicial field by deliberating the Draft Decision on Authorizing the Pilot Work of Fast-Track Criminal Case Procedures in Certain Regions (hereinafter referred to as the Draft Decision), which proposes to authorize the Supreme People's Court and the Supreme People's Procuratorate to carry out pilot work on fast-track criminal case procedures in 18 regions, including Beijing, Shenyang, and Xiamen. The pilot period is two years, simplifying litigation procedures and adding circumstances for closed-door hearings.

[6] Zhou Qiang, President of the Supreme People's Court, explained the Draft Decision on behalf of the Supreme People's Court and entrusted by the Supreme People's Procuratorate.

This "experimental legislation" by the Standing Committee of the National People's Congress mainly includes seven aspects: the scope and conditions of cases, simplification of litigation procedures, expansion of circumstances for closed hearings, effective protection of the lawful rights and interests of criminal suspects and defendants, supporting measures, pilot regions, and the pilot period.

The scope of cases covered by the draft "Decision" is limited to cases such as theft and dangerous driving that may be punishable by fixed-term imprisonment of not more than one year, criminal detention, or public surveillance, or cases punishable solely by fines, with the conditions being clear facts, sufficient evidence, voluntary admission of guilt by the defendant, and no dispute over the applicable law.

The draft "Decision" states that for cases applying the fast-track procedure, there is no restriction on the time for notification of the court session; during the session, court investigation and debate may be omitted, but the defendant's final statement must be heard. Judgment documents may be simplified, and the case-handling period appropriately shortened.

The draft "Decision" stipulates that the people's courts must fully respect and protect the defendant's right to a public trial. However, if the defendant applies for a closed trial on legitimate grounds such as reputation protection or information security, and the prosecuting authority and defense counsel have no objections, the trial may be closed with the approval of the president of the people's court.

The draft "Decision" requires effective protection of the legitimate rights and interests of criminal suspects and defendants. A legal aid duty lawyer system shall be established in courts and detention centers to provide legal assistance to criminal suspects and defendants. If criminal suspects or defendants meet the conditions for bail pending trial or residential surveillance, such measures shall be applied.

The draft "Decision" emphasizes that the Supreme People's Court and the Supreme People's Procuratorate shall, together with relevant departments, study and formulate pilot measures, develop specific implementation opinions based on the draft "Decision," and report them to the Standing Committee of the National People's Congress for record.

The draft Decision explicitly designates 18 pilot regions: Beijing, Tianjin, Shanghai, Chongqing, and Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, and Xi'an. These regions have a large caseload and a wide variety of case types, making them typical and representative.

The draft Decision particularly emphasizes that the pilot period shall be two years. After two years, based on the results of the pilot, where practice has proven feasible, the relevant laws shall be revised and improved; where practice has proven it inadvisable to make adjustments, the implementation of the relevant legal provisions shall be restored.

The reporter learned that the draft Decision was jointly submitted by the Supreme People's Court and the Supreme People's Procuratorate. The Law Committee of the National People's Congress convened a meeting on June 5 to deliberate on it, holding that, on the premise of ensuring judicial fairness, it is necessary to explore further simplification of the litigation procedures for minor criminal cases, which is conducive to improving litigation efficiency, timely punishing crimes, safeguarding human rights, and accumulating practical experience for further improving the criminal litigation system.

Experts believe that authorizing the pilot work of the fast-track procedure fully reflects the National People's Congress Standing Committee's rigorous approach of adhering to the law and proceeding step by step in judicial reform, while also highlighting its legislative spirit of respecting the rule of law, respecting and protecting human rights, and balancing efficiency with fairness.