NPC deputy makes motion on National Mishandled Case Warning Day
Zhang Liyong, a deputy to the National People’s Congress and president of Henan High People's Court, submitted an NPC motion about to set "National Mishandled Case Warning Day”.
“Establishment of a National Mishandled Case Warning Day can help promote the concept of presumption of innocence,” Zhang said.
According to China’s Criminal Procedure Law, nobody shall be found guilty without being judged by court. But i some investigators often tend to wrongly presume that those accused of crimes are guilty.
Acting on that presumption, investigators may treat them as guilty and even force them to plead guilty using coercive force. That approach seriously violates the accused’s human rights and leads to mishandled cases.
Zhang said that over the past six years, mishandled cases have been more and more redressed or prevented. Policies such as requiring systematic commitment to principles such as nulla poena sine lege (legally prescribed punishment for a specified crime), in dubio pro reo (no punishment in doubtful cases), and exclusion of illegal evidence have been issued to remove the root causes of injustice.
But from the perspective of courts, to prevent mishandled cases the alarm should keep ringing all the time. Zhang expressed his hope that Mishandled Case Warning Day can be elevated to the national level.
In fact, a Mishandled Case Warning Day has been designated in Henan province for six years. On May 9 of every year, the Henan High People's Court will organize a conference of experts on prevention of mishandled cases.