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China issues updated regulation on compulsory custody measures
update:December 14,2023
Dec.14, 2023 -- China's top procuratorate and the public security ministry have issued an updated regulation on further examining and assessing the necessity of custody for criminal suspects or defendants.
The move aims to standardize the application of compulsory custody measures, while protecting the legitimate rights and interests of criminal suspects and defendants, according to the Supreme People's Procuratorate on Wednesday.
Procuratorates and public security organs should coordinate their efforts and act as a mutual check on each other when conducting examinations of the need for custody, the document underlines, adding that the policy of combining harsh punishments and leniency in handling criminal cases should be implemented, in a process that accords with the law.
The examination and assessment of the need for custody should not interfere with the lawful progress of criminal proceedings, it says.
The document requires a prompt examination of the need for custody and a timely decision if a criminal suspect or defendant is found to be in one of eight situations, including being the sole guardian of a minor.
The regulation also specifies that a criminal suspect or defendant who is deemed to be involved in one of the 10 acts that pose a danger to society, such as endangering national security, would generally not be released or have their compulsory measures changed.
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