Government and Policy

'Evidence core in criminal cases'

By WANG JINGQIONG (China Daily)
Updated: 2010-06-10 12:25

BEIJING - A senior court official has urged judges nationwide to strictly scrutinize and gauge evidence in criminal cases, especially those involving the death penalty, following a number of recent wrongful convictions.

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"Evidence is the core of all criminal case procedures, especially those involving death penalties," Zhang Jun, vice-chief judge of the Supreme People's Court (SPC), said at a teleconference attended by over 10,000 judges from across the country on Tuesday.

"Not a single mistake is allowed with regard to the facts and evidence in cases involving the death sentence, so that they can stand the test of law and time."

Zhang said the two regulations issued on May 30 set clearer and specific standards in both collecting and excluding illegal evidence in criminal cases.

The two regulations, jointly issued by the top court, the top procuratorate, the ministries of public security, state security and justice, are the first specific rules on collection of evidence in criminal cases.

The regulations stipulate that a death sentence should be pronounced only with sufficient evidence acquired through legal means, and evidence obtained illegally - such as through torture during interrogation - cannot be used in testimony.

"Judges should unconditionally treat the evidence as the only basis for handling cases," Zhang said.

Liu Junhai and Liu Yintang, two villagers from Linzhang county in North China's Hebei province, are still struggling to get State compensation after they spent 15 years in detention as suspects in the murder of four people.

They were set free in 2003 for lack of evidence, Yanzhao Metropolis Daily reported recently.

Liu Junhai, who was only 19 years old when he was detained in 1988, said he and Liu Yintang were lodged in the same cell and made a scratch on the wall for every day they spent there.

They left 5,444 scratches on the wall before they were set free.

Liu was accused of burning down his uncle's house, leading to the death of four members of his family.

"A rumor spread in the village that I set the house on fire and I was arrested. The police tortured me for four days until I confessed," he said.

Liu Junhai alleged the police forced him into naming Liu Yintang as an accomplice.

However, as their confessions were contradictory, the local procuratorate and court did not open the case for a hearing until 1999, after the two had spent nine years in jail.

The court adjourned the trial for lack of evidence and the two were put back into detention until 2003, when they were suddenly told they were free to go.

Liu Junhai said he later learned that they got lucky, as there was a campaign under way at that time to free detainees who had been locked up too long.

Liu Junhai has applied for State compensation of about 700,000 yuan ($102,498) for both of them.

But the local procuratorate said that "it deems the personal freedom of Liu Junhai and Liu Yintang was not violated".

Liu Yintang can barely speak following his 15 years of detention, which has left him severely ill.

On April 30, Zhao Zuohai, a villager from Henan province, was released from prison after serving 11 years when the man he was alleged to have murdered turned up alive.

Zhao said the police tortured him into confession.