Circular of the Supreme People's Procuratorate on Issuing the Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Examine Evidence in Court
Circular of the Supreme People's Procuratorate on Issuing the Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Examine Evidence in Court
Circular of the Supreme People's Procuratorate on Issuing the Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Examine Evidence in Court
July 3, 2018
People's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Procuratorate of the People's Liberation Army, and the People's Procuratorate of Xinjiang Production and Construction Corps,
The Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Examine Evidence in Court (hereinafter referred to as the "Guidelines"), adopted at the first meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on May 2, 2018, are hereby issued to you for your reference. The following work requirements are hereby proposed.
I. Having a Full Understanding of the Significance of Better Furnishing and Examining Evidence Appearing in court to support public prosecutions is the most important part of public criminal prosecutions, while furnishing and examining evidence is a core part of the appearance in court to support public prosecutions. The quality of furnishing and examining evidence will have a direct impact on the quality of charges against criminals and effects of the appearance in court to support the public prosecution. Along with continual development and evolution of legislation and practices for criminal litigation, particularly the in-depth progress in the trial-oriented criminal procedure system reform and the pilot leniency system for those pleading guilty and accepting punishment in criminal cases, public prosecutors' presence in court to support public litigation, including furnishing and examining evidence, faces new and more demanding requirements, and public prosecutors face new challenges in respect of pre-trial examination, prediction and preparations, grasping of the initiative in court trials and effective responses to court trials. Stepping up efforts in furnishing and examining evidence is of great significance for procuratorial organs to deepen the litigation system reform, fully put in place rules on judging evidence and effectively dealing with trial substantiation. All levels of people's procuratorates shall practically ramp up their efforts in regard to furnishing and examining evidence, better play the functional role of public prosecutors in court trials, remain committed to improving the quality and effects of public prosecutions, and constantly raise the credibility of justice.
II. Having a Comprehensive Understanding and an Accurate Grasp of the Contents of the Guidelines Meeting the needs of establishing and improving the multi-layer litigation system, focusing on creating a mode of court appearance in public prosecutions which is based on pre-trial preparations, centered on the indictment and ascertainment of crimes, and characterized by the differentiated treatment of the guilty plea and the plea of not guilty, and improving the quality of furnishing and examining evidence by public prosecutors in court, the Guidelines provide for the definition and the connotation of "furnishing and examining evidence", objectives and tasks, principles, basic requirements, and general methods, and serve as the foundation for efforts of public prosecutors in furnishing and examining evidence in court. Comprehensively understand and accurately grasp the contents of the Guidelines, proficiently master and apply principles and methods of furnishing and examining evidence, and better perform duties in the prosecution of crimes. Remain practical and realistic, take an objective and fair stance, show respect to the defense, follow the instructions of courts, and be rational and civilized. Promote the separation of complicated cases from simple ones, optimize the allocation of judicial resources, furnish and examine evidence in complicated and difficult cases according to the requirements on trial substantiation, and simplify the process of furnishing and examining evidence in simple cases. Make better preparations for furnishing and examining evidence, and, in particular, effectively sort out disputes in pre-trial conferences, resolve disputes and determine the ways to furnish evidence. Step up efforts to furnish evidence to prove the legality of evidence, actively examine evidence and provide a defense, and ensure public prosecution cases are objective and fair and procedurally justifiable. Proficiently master and apply different methods of furnishing and examining evidence, and establish an evidence system to justify claims in the bills of indictment, effectively refute the defense, gain the initiative position in court trials and ensure that the prosecution of crimes is strong.
III. Practically Ensuring Studies and Training of Guidelines in full consideration of practical experience of all levels of procuratorial organs and excellent public prosecutors, the Guidelines cover almost all common issues throughout the process of furnishing and examining evidence, and play an important role in guiding how to improve the general quality of public prosecutors' presence in court. All levels of people's procuratorates shall, with high importance, take studies and training of the Guidelines as one of the important tasks, educate and instruct public prosecutors to accurately understand ideas, principles, basic requirements and general ways of furnishing and examining evidence, through organizing business training sessions, enabling public prosecutors to observe in court, or for public prosecutors to listen to court opinions, regulate their practices to perform duties in court, and focus on ensuring the decisive role of court trials in ascertaining facts, recognizing evidence, protecting the right to action, and making rulings fairly, to effectively improve the quality of furnishing and examining evidence and bring strong charges against criminals and adduce evidence of their crimes. Strengthen studies of new situations and problems concerning furnishing and examining evidence, arising out of judicial practices, promptly summarize and promote successful practices of excellent public prosecutors in handling cases, and continuously diversify and improve ways and strategies of furnishing and examining evidence. Provide better case-based guidance, collect and release representative cases in respect of public prosecutors' practices of furnishing and examining evidence, and play the exemplary and guiding role in typical cases.
Any important situations and issues arising out of the implementation of the Guidelines shall be reported in a timely manner to the Department of Public Prosecutions of the Supreme People's Procuratorate.
Guidelines for Public Prosecutors of People's Procuratorates to Furnish and Examine Evidence in Court
(Adopted at the first meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on May 2, 2018)
Chapter I General Provisions
Article 1 These Guidelines are formulated in accordance with the Criminal Procedure Law of the People's Republic of China and relevant provisions and in consideration of procuratorial actualities, with a view to meeting the new requirements on the trial-oriented reform of the criminal procedure system, fully implementing rules on judging evidence, further strengthening and improving efforts of public prosecutors in furnishing and examining evidence in court, creating an in-court public prosecution mode characterized by the differentiated treatment of the guilty plea and the plea of not guilty, and improving the effects of the prosecution of crimes.
Article 2 Furnishing evidence refers to litigious activities where public prosecutors present, read out, and play relevant evidential materials and give explanations for this purpose and ask individuals testifying at the trial to prove that claims in the bills of indictment are justified, when they appear in court to support public prosecutions.
Examining evidence refers to litigious activities where the prosecutor and the defender, as the guidance of judicial officers, criticize and refute evidential materials furnished by the other side and the credibility of verbal evidence given by individuals who testify at the trial, to make sure whether such evidential materials and verbal evidence can be used as the grounds for adjudicating cases.
Article 3 When appearing in court to furnish and examine evidence, public prosecutors shall remain guided by the dialectical materialist theory of knowledge, based on facts and compliance with laws, pay attention to applying rules of logic and the empirical law, adequately unveil and effectively ascertain crimes, improve the quality, efficiency and effects of furnishing and examining evidence, respect and guarantee the litigation rights of criminal suspects, defendants and other parties involved in litigation, and do their utmost to enable the general public to perceive justice in every single judicial case.
Article 4 In furnishing and examining evidence, public prosecutors shall observe the following principles,
1. Being practical, realistic, objective and impartial;
2. Highlighting priorities;
3. Respecting the defense, and being rational and civilized;
4. Following statutory procedures, and complying with instructions in court.
Article 5 Public prosecutors may use different tactics to furnish and examine evidence, depending on whether defendants plead guilty.
In a case where the defendant pleads guilty, the process of furnishing and examining evidence may be simplified upon consensus between the prosecutor and the defender and approval of the court.
In a case where the defendant refuses to plead guilty or the defender thereof defends his or her innocence, evidence shall be generally furnished and examined comprehensively. However, the process of furnishing and examining evidence that is not opposed by the defense may be simplified upon consensus between the prosecutor and the defender and approval of the court.
Article 6 In furnishing and examining evidence, public prosecutors shall pay attention to modern technical approaches and make active use of multimedia to present evidence or electronic case files and the integrated trial platform, to strengthen the effects of the prosecution of crimes at the trial.
Chapter II Preparations for Furnishing and Examining Evidence
Article 7 In reviewing a case, the public prosecutor shall give full consideration to what preparations should be made for court appearances and the work of furnishing and examining evidence, and prepare a targeted review report.
Article 8 For the purpose of preparations for court presence and the work of furnishing and examining evidence, public prosecutors may, before court trials, access relevant case files and evidence from people's courts, or the electronic case files.
Article 9 Prior to court trials of public prosecution cases, public prosecutors shall further familiarize themselves with case facts, collect evidence, conduct in-depth studies of laws and policies applicable in the cases, become familiar with specialized expertise likely involved in judgments, and prepare the outline and make good preparations for furnishing and examining evidence, surrounding facts and circumstances of crimes claimed in the bills of indictment.
Preparing the outline for furnishing and examining evidence shall give consideration to the following factors.
1. Whether evidence is obtained in compliance with legal provisions;
2. Where evidence is in the statutory form;
3. Where evidence is the original documents or objects, and whether pictures, videos, copies and duplicates thereof are consistent with the original documents and objects;
4. The objective environment in which the evidence is found;
5. Reasons why the evidence is created;
6. Where the witness or the individual providing evidence has a stake in the case;
7. The relation between evidence and facts it will prove;
8. Interrelations between different evidence;
9. Where all evidence points to the same fact to be proved, whether there is any contradiction that cannot be ruled out or any unexplainable doubt, all evidence available for the case is unable to piece together a complete trail of evidence, whether facts ascertained under all evidence available for the case are adequate to rule out reasonable doubts, and whether the conclusion is exclusive.
10. Other issues concerning whether evidence can be used as evidence and is credible.
Article 10 Public prosecutors shall attend pre-trial conferences to promptly learn about evidence presented by the defense and comprehensively understand major objections of the defendant, as well as his or her defender, to evidence, and, under the guidance of judicial officers, communicate about controversial points of the case and the ways to furnish evidence and decide on the sequence and the ways to furnish evidence. Public prosecutors may apply for witnesses, identifiers, investigators and individuals with specialized expertise to appear in court and raise objections to the defense's list of individuals to appear in court, when it is necessary for furnishing evidence.
Where judicial officers arrange for presenting evidence at the pre-trial conference, public prosecutors shall present the evidence they will furnish at the trial, sort out evidence in dispute, and listen to the opinions of the defendant as well as his or her defender.
Where the defendant as well as his or her defender applies for the exclusion of illegal evidence before the court trial, and provide relevant clues or materials in accordance with legal provisions, public prosecutors shall provide targeted explanations of the validity of evidence they have collected by presenting relevant evidential materials at the pre-trial conferences or by other means, if they verify that there exist no behaviors of collecting evidence illegally.
Public prosecutors may withdraw relevant evidence at the pre-trial conference.
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