The Supreme People's Court: Pilot work on fast-track sentencing procedures for criminal cases launched in 18 regions.
[2] The Standing Committee of the National People's Congress pioneers "experimental legislation" in the judicial field
[3] Proposes authorizing 18 regions to pilot 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
[5] China Court News (Zhang Xianming) – Reporters learned from the first plenary session of the Ninth Meeting of the 12th Standing Committee of the National People's Congress held on the morning of June 23 that the Standing Committee has pioneered "experimental legislation" in the judicial field. It reviewed the "Draft Decision on Authorizing Pilot Work on Fast-Track Procedures for Criminal Cases in Some Regions" (hereinafter referred to as the Draft Decision), proposing to authorize the Supreme People's Court and the Supreme People's Procuratorate to conduct pilot work on fast-track procedures for criminal cases in 18 regions, including Beijing, Shenyang, and Xiamen. The pilot period is two years, simplifying litigation procedures and adding circumstances for closed 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.
The "experimental legislation" of the Standing Committee of the National People's Congress mainly includes seven aspects: the scope and conditions of cases, simplification of litigation procedures, addition of circumstances for closed trials, effective protection of the legitimate rights and interests of criminal suspects and defendants, supporting measures, pilot areas, and pilot duration.
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 clearly states that the pilot areas include 18 regions: Beijing, Tianjin, Shanghai, Chongqing, as well as Shenyang, Dalian, Nanjing, Hangzhou, Fuzhou, Xiamen, Jinan, Qingdao, Zhengzhou, Wuhan, Changsha, Guangzhou, Shenzhen, and Xi’an. These regions have a large number and variety of cases, making them typical and representative.
The draft decision particularly emphasizes that the pilot period is two years. After two years, based on the pilot results, laws will be revised and improved for practices proven feasible; if practices prove unsuitable for adjustment, the relevant legal provisions will be reinstated.
A reporter learned that the draft decision was jointly submitted by the Supreme People's Court and the Supreme People's Procuratorate. The Legal Affairs Committee of the National People's Congress held a meeting on June 5 to review it, concluding that, under the premise of ensuring judicial fairness, exploring further simplification of criminal procedure for minor cases is necessary, as it helps improve litigation efficiency, timely punish crimes, protect human rights, and accumulate practical experience for further improvement of the criminal procedure 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.