China's Pre-trial Detention and its Facilities Kanshousuo Dr.Lei Cheng Associate Professor Law School of RUC

Pre-trial detention System criminal detention criminal detention -scope of crime in China's criminal law 5-6 million crimes and 10 million administrative penalty detention is not independant compulsory measure in China's criminal procedure law(CPL) detention is not independant compulsory measure in China's criminal procedure law(CPL) police detention(juliu) and prosecutor or judge's detention(daibu) police detention(juliu) and prosecutor or judge's detention(daibu) Juliu, 7 days or max 37 days Daibu: 2-7 months(not including exceptions) approved by prosecutor or judge

Daibu/prosecutor's detention Article 79 Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to imprisonment or a heavier punishment, if residential confinement is insufficient to prevent any of the following dangers to society, the criminal suspect or defendant shall be arrested: Article 79 Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to imprisonment or a heavier punishment, if residential confinement is insufficient to prevent any of the following dangers to society, the criminal suspect or defendant shall be arrested: (1) the criminal suspect or defendant may commit a new crime; (2) there is an actual danger to national security, public security, or social order; (3) the criminal suspect or defendant may destroy or forge evidence, interfere with the testimony of a witness, or make a false confession in collusion; (4) the criminal suspect or defendant may retaliate against a victim, informant, or accuser; or (5) the criminal suspect or defendant attempts to commit suicide or escape. Where there is evidence to prove the facts of a crime and a criminal suspect or defendant may be sentenced to fixed-term imprisonment of 10 years or a heavier punishment or there is evidence to prove the facts of a crime and a criminal suspect or defendant who once committed an intentional crime or has not been identified may be sentenced to imprisonment or a heavier punishment, the criminal suspect or defendant shall be arrested. Where a criminal suspect or defendant waiting for trial on bail or under residential confinement seriously violates the provisions on bail or residential confinement, the criminal suspect or defendant may be arrested.

Pre-trial detention System since the year of 1954 Constitution Law since the year of 1954 Constitution Law prosecutor, not judge to approve detention reason and reform? figures figures the year of suspects approved for daibu, 86.32% approval rate -2.5 million cases cracked down by police -1 million defendants convicted by the courts

characters of pre-trial detention detention=substantive penalty detention=substantive penalty throughout the criminal process throughout the criminal process weak alternative to detention weak alternative to detention China's pre-trial release system(similar to Bail) Procedure of approving detention Procedure of approving detention -paper review+interviewing suspects+hearing opinions of defense lawyers, witness if needed

Basics on China's Pre-trial Detention Centres or Kanshousuo in Chinese(KSS)

KSS

China's KSS who are locked in KSS? who are locked in KSS? Prison managed by Ministry of Justice V. KSS runned by police departments(MPS) Prison managed by Ministry of Justice V. KSS runned by police departments(MPS) in over 240 laws in China, no one on KSS, but 1990 KSS regulation by State Council in over 240 laws in China, no one on KSS, but 1990 KSS regulation by State Council

Numbers about KSS -Total number: about 2, million on average per day locked -roughly 3 million in total per year v. 1 million sentenced per year

Reform Year 2009 Accident Hide and Seek Play in 2009 Accident Hide and Seek Play in 2009 detainee unnatural death accident reported by media detainee unnatural death accident reported by media After series of unnatrual deaths, MPS launched huge reforms movement After series of unnatrual deaths, MPS launched huge reforms movement

what reforms more budget and staff more budget and staff -single bed plan openness and transprancy openness and transprancy -Lay Visitor Mechanism -Detainee Complaint Mechanism human rights protection human rights protection 1)Highlights of st National Human Right Plan nd NHRP 2) 2012 revised Criminal Procedure Law on freedom from toture

dormitory at KSS

single-bed dormitory

LVM

LVM-2

interrogation room in KSS

new goals new ambious goals raised by new leadership new ambious goals raised by new leadership -World-Class pre-trial detention Center accross the global -Window of rule of law for police new KSS Law drafted in next five years new KSS Law drafted in next five years five-year work plan of 12th NPC issued in October 2013 five-year work plan of 12th NPC issued in October 2013

Challenges keep netural from crime crack-down keep netural from crime crack-down OPCAT and National Prevention and mornitoring system OPCAT and National Prevention and mornitoring system open minded to worldwide experiences open minded to worldwide experiences higher level human rights higher level human rights-privacy-phychological