The Supreme People's Procuratorate ("SPP") has recently issued the Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Challenge Evidence in Court (the "Guidelines"), immediately effective from the issue date.
The Guidelines provide that public prosecutors may adopt different strategies to furnish and challenge evidence, depending on whether defendants plead guilty. The process to furnish and challenge evidence may be simplified in a case where the defendant admits his or her guilt, upon consensus between the prosecution and the defense and approval of the court. However, as to a case in which the defendant refuses to plead guilty, or the defense lawyer defends his or her innocence, all evidence shall be presented and fully examined in general. Moreover, it is made clear in the Guidelines that if the judicial officer organizes the presentation of evidence during the pre-trial meeting, the public prosecutor shall display the evidence it plans to furnish in the court trial, sort out the disputed evidence, and listen to opinions raised by the defendant and his or her defense lawyer. As to the ways to present evidence, the Guidelines note that, the critical evidence likely to affect the conviction and the sentencing, and the evidence in dispute between the prosecution and the defense, shall be presented separately. In terms of a case without any oral confession, the critical evidence may be furnished first. Furthermore, the Guidelines require that each evidence shall be examined and discussed individually, and also provide in detail for "arguments given in response to the evidence examination by the defense" and "challenge of evidence presented by the defense".