Norma relacionada
China
Practice Relating to Rule 100. Fair Trial Guarantees
China’s Criminal Law (1979), as amended in 1997, states:
Article 4 The law shall be equally applied to anyone who commits a crime. No one shall have the privilege of transcending the law.
Article 399 Any judicial officer who, bending the law for selfish ends or twisting the law for a favor, subjects to investigation for criminal responsibility a person he knows to be innocent or intentionally protects from investigation for criminal responsibility a person he knows to be guilty or, intentionally running counter to the facts and law, twists the law when rendering judgments or orders in criminal proceedings shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years. 
China, Criminal Law, 1979, as amended in 1997, Articles 4 and 399.
A 2002 amendment to Article 399 of China’s Criminal Law (1979) restates:
Any judicial officer who, bending the law for selfish ends or twisting the law for a favor, subjects to investigation for criminal responsibility a person he knows to be innocent or intentionally protects from investigation for criminal responsibility a person he knows to be guilty or, intentionally running counter to the facts and law, twists the law when rendering judgments or orders in criminal proceedings shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years. 
China, Criminal Law, 1979, as amended in 2002, Article 399.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
In judicial proceedings in the people’s courts, the law is applied equally to all citizens, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence. No privilege whatsoever is allowed. 
China, Organic Law of the Peoples Courts, 1979, as amended in 2006, Article 5.
China’s Criminal Procedure Law (1979), as amended in 1996, states:
The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 5.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
Article 4. The people’s courts shall exercise judicial power independently, in accordance with the provisions of law, and shall not be subject to interference by any administrative organ, public organization or individual.
Article 15. If a party to a case considers that a member of the judicial personnel has an interest in the case or, for any other reason, cannot administer justice impartially, he has the right to request that member to withdraw. The president of the court shall decide whether the member should withdraw.
If a member of the judicial personnel considers that he should withdraw because he has an interest in the case or for any other reason, he should report the matter to the president of the court for decision. 
China, Organic Law of the People’s Courts, 1979, as amended in 2006, Articles 4 and 15.
China’s Organic Law of the People’s Procuratorates (1979), as amended in 1983, states:
The people’s procuratorates shall exercise procuratorial authority independently, in accordance with the provisions of law, and shall not be subject to interference by any administrative organ, public organization or individual. 
China, Organic Law of the People’s Procuratorates, 1979, as amended in 1983, Article 9.
China’s Constitution (1982), as amended in 2004, states: “The people’s courts exercise judicial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual”. 
China, Constitution, 1982, as amended in 2004, Article 126.
China’s Criminal Procedure Law (1979), as amended in 1996, states: “No person shall be found guilty without being judged as such by a People’s Court according to law”. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 12.
China’s Criminal Procedure Law (1979), as amended in 1996, states:
Article 11. … A defendant shall have the right to defence, and the People’s Courts shall have the duty to guarantee his defence.
Article 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and
(3) guardians or relatives and friends of the criminal suspect or the defendant.
Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as defenders.
Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender due to financial difficulties or other reasons, the People’s Court may designate a lawyer that is obligated to provide legal aid to serve as a defender.
If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.  
China, Criminal Procedure Law, 1979, as amended in 1996, Articles 11, 32 and 34.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
The accused has the right to defence. Besides defending himself, the accused has the right to delegate a lawyer to defend him. He may also be defended by a citizen recommended by a people’s organization or his unit of employment, by a citizen approved by the people’s court, or by a near relative or guardian. The people’s court may also, when it deems it necessary, appoint a counsel to defend him. 
China, Organic Law of the People’s Courts, 1979, as amended in 2006, Article 8.
China’s Constitution (1982), as amended in 2004, states: “Except in special circumstances as specified by law, all cases in the people’s courts are heard in public. The accused has the right to defence.” 
China, Constitution, 1982, as amended in 2004, Article 125.
China’s Criminal Procedure Law (1979), as amended in 1996, states:
The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 47.
China’s Criminal Procedure Law (1979), as amended in 1996, states:
Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s Courts, the People’s Procuratorates and the public security organs shall provide translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.
Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 9.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people’s courts shall provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. In an area where people of a minority nationality live in concentrated communities or where a number of minority nationalities live together, the people’s courts shall conduct hearings in the languages commonly used in the locality and issue judgments, notices and other documents in the languages commonly used in the locality. 
China, Organic Law of the People’s Courts, 1979, as amended in 2006, Article 6.
China’s Extradition Law (2000) states:
The request for extradition made by a foreign state to the People’s Republic of China shall be rejected if:
(8) the request for extradition is made by the Requesting State on the basis of a judgment rendered by default, unless the Requesting State undertakes that the person sought has the opportunity to have the case retried under conditions of his presence. 
China, Extradition Law, 2000, Article 8(8).
China’s Criminal Procedure Law (1979), as amended in 1996, states: “It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means”. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 43.
China’s Criminal Law (1979), as amended in 1997, states:
Any judicial officer who extorts confession from a criminal suspect or defendant by torture or extorts testimony from a witness by violence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If he causes injury, disability or death to the victim, he shall be convicted and given a heavier punishment in accordance with the provisions of Article 234 or 232 of this Law. 
China, Criminal Law, 1979, as amended in 1997, Article 247.
China’s Organic Law of the People’s Procuratorates (1979), as amended in 1983, “strictly forbid[s] the obtainment of confessions by compulsion”. 
China, Organic Law of the People’s Procuratorates, 1979, as amended in 1983, Article 7.
In 2004, in a white paper on “Progress in China’s Human Rights Cause in 2003”, China stated:
Public security organs have practiced strict enforcement of the law and emphasized law enforcement in the interests of the people. They have … firmly dealt with violations of human rights involving the extortion of confessions by torture … and seriously dealt with law and discipline violations, so as to ensure that law enforcement by public security organs is strict, just and humane, and to protect and guarantee human rights. 
China, White Paper of the Government of the People’s Republic of China: Progress in China’s Human Rights Cause in 2003, March 2004.
In 2005, in a white paper on “China’s Progress in Human Rights in 2004”, China stated:
Since May 2004, the Supreme People’s Procuratorate has carried out a special campaign to severely deal with criminal cases involving government functionaries’ infringement upon human rights by misusing their powers, focusing on cases of illegal detention and search, extorting confessions by torture, gathering evidence with violence, [and] abusing people in custody. 
China, White Paper of the Government of the People’s Republic of China: China’s Progress in Human Rights in 2004, April 2005.
China’s Criminal Procedure Law (1979), as amended in 1996, states: “Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law”. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 11.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states: “All cases in the people’s courts shall be heard in public, except for the ones involving State secrets, individual privacy and the crimes committed by minors”. 
China, Organic Law of the People’s Courts, 1979, as amended in 2006, Article 7.
China’s Constitution (1982), as amended in 2004, states: “Except in special circumstances as specified by law, all cases in the people’s courts are heard in public”. 
China, Constitution, 1982, as amended in 2004, Article 125.
In 2005, in a white paper on “China’s Progress in Human Rights in 2004”, China stated:
The trial system with Chinese characteristics has been further improved. Courts at all levels have further carried out the principle of open trial, striving to realize openness in filing for investigation, court hearing, conclusion of trial, and judgment documents and process of enforcement in the hope to promote justice with openness. Observance of trials by the general public has been facilitated with bulletins before trials and simplified procedures for attending trials. Over 50 million citizens observed trials in 2004. 
China, White Paper of the Government of the People’s Republic of China: China’s Progress in Human Rights in 2004, April 2005.
China’s Criminal Procedure Law (1979), as amended in 1996, states:
If the defendant, private prosecutor or their legal representatives refuse to accept a judgment or order of first instance made by a local People’s Court at any level, they shall have the right to appeal in writing or orally to the People’s Court at the next higher level …
A defendant shall not be deprived on any pretext of his right to appeal. 
China, Criminal Procedure Law, 1979, as amended in 1996, Article 180.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
In the administration of justice, the people’s courts adopt the system whereby the second instance is the last instance.
From a judgment or orders of first instance of a local people’s courts, a party may bring an appeal to the people’s court at the next higher level in accordance with the procedure prescribed by law, and the people’s procuratorate may present a protest to the people’s court at the next higher level in accordance with the procedure prescribed by law.
Judgments and orders of first instance of the local people’s courts at various levels become legally effective judgments and orders if, within the period for appeal, none of the parties has appealed and the procuratorate has not protested.
Judgments and orders of second instance of intermediate courts, higher people’s courts and the Supreme People’s Court, and judgments and orders of first instance of the Supreme People’s Court are all judgments and orders of last instance, that is, legally effective judgments and orders. 
China, Organic Law of the People’s Courts, 1979, as amended in 2006, Article 11.
China’s Criminal Law (1979), as amended in 1997, states:
Any person who commits a crime outside the territory and territorial waters and space of the People's Republic of China, for which according to this Law he should bear criminal responsibility, may still be investigated for his criminal responsibility according to this Law, even if he has already been tried in a foreign country. However, if he has already received criminal punishment in the foreign country, he may be exempted from punishment or given a mitigated punishment. 
China, Criminal Law, 1979, as amended in 1997, Article 10.
China’s Extradition Law (2000) states:
The request for extradition made by a foreign state to the People’s Republic of China shall be rejected if:
(2) at the time the request is received, the judicial organ of the People’s Republic of China has rendered an effective judgment or terminated the criminal proceedings in respect of the offence indicated in the request for extradition. 
China, Extradition Law, 2000, Article 8(2).