China

Draft amendment to Criminal Procedure Law boosts legal aid

China seeks to refine case procedures, give greater security for human rights

By CAO YIN | China Daily

Updated: 2026-11-04 08:57

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China is seeking to refine its criminal case procedures through amendments to the Criminal Procedure Law, aiming to strengthen efforts to combat crime while providing greater protection for human rights amid growing public expectations for justice and security.

The draft amendment to the Criminal Procedure Law was submitted to the ongoing session of the Standing Committee of the National People's Congress, China's top legislature, for its first reading. The bimonthly session runs through Friday.

The law, which regulates criminal proceedings, has played an important role in safeguarding national security, maintaining public order, supporting high-quality economic and social development, and protecting people's legitimate rights and interests, said Shen Chunyao, head of the NPC Standing Committee's Legislative Affairs Commission.

However, evolving crime trends and growing public expectations for safety and fairness have made it necessary to further improve the law, Shen told lawmakers on Monday when explaining the draft amendment.

Comprising 55 articles, the draft places particular emphasis on strengthening the protection of the rights of participants in criminal proceedings, including victims, criminal suspects, defendants and lawyers. It also seeks to strengthen oversight of legal professionals.

According to the draft, victims or their close relatives may apply for legal aid if they are unable to hire a lawyer for certain reasons, such as experiencing financial difficulties.

It also stipulates that when a criminal suspect faces a possible prison sentence of at least three years and has not retained a lawyer, prosecutors should ensure that a legal aid agency appoints a defense lawyer.

Peng Xinlin, a law professor at Beijing Normal University, said the draft amendment would extend legal aid to the review and prosecution stages, helping address the shortage of legal representation in the early stages of serious criminal cases.

"It also facilitates access to legal services for suspects and defendants who can't afford a lawyer," he said.

The draft also strengthens lawyers' rights to meet with their clients, requiring detention centers to arrange meetings within 48 hours of receiving a request. Authorities are also required to keep lawyers informed of developments at each stage and key points of criminal proceedings.

At the same time, the draft imposes stricter requirements on legal professionals, particularly regarding evidence submission, client meetings and property-related defenses, said Xu Hao, a criminal lawyer at Beijing Jingsh Law Firm.

"Lawyers must adhere to legal procedures to protect their clients' rights while maintaining professional integrity," Xu said.

The draft also seeks to improve the handling of cases involving minors. It calls for stronger protection of the privacy and reputation of juvenile victims and witnesses, and encourages authorities to complete interviews in a single session to reduce psychological stress and prevent secondary trauma.

Peng said the measure takes into account minors' vulnerability and aims to prevent lasting psychological harm caused by repeatedly recounting traumatic experiences.

"It also helps prevent judicial proceedings from adversely affecting children's development and promotes more standardized evidence collection involving minors," he added.

China's Criminal Procedure Law was first adopted in 1979 and subsequently revised in 1996, 2012 and 2018.

According to a report by the Institute of Law at the Chinese Academy of Social Sciences, China remains one of the safest countries in the world, consistently ranking among those with the lowest crime rates. The incidence of serious violent crimes has also declined steadily over recent decades.

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