The rights of participants in judicial procedures in China — including victims, suspects, defendants, and lawyers — are set to receive enhanced protection under a draft revision currently being reviewed by Chinese lawmakers.
This draft amendment to the Criminal Procedure Law was submitted on Monday to the ongoing session of the Standing Committee of the National People's Congress, China's top legislative body, for review.
The draft amendment allows victims or their close relatives to apply for legal aid if they have not hired a lawyer for specific reasons. It also clarifies that if a suspect or defendant hires their own lawyer after a legal aid agency has already assigned one, the services of the assigned lawyer should conclude.
The draft amendment aims to strengthen the rights of lawyers to meet with their clients, mandating that detention centers facilitate meetings between lawyers and detainees within 48 hours of a request. Additionally, it requires relevant authorities to keep lawyers informed at each stage and key points of case proceedings.
Furthermore, the draft revision includes provisions to ensure fair treatment for foreign suspects and defendants and seeks to improve the handling of cases involving children. For example, when interviewing juvenile victims and witnesses, it emphasizes protecting their privacy and reputation and aims to complete the questioning in a single session to prevent the stress of repeated questioning.
