Among them, Li Xiao pointed out that the procedure of excluding illegal evidence should be standardized. From 20 16 to 2020, courts across the country will retry 83 10 criminal cases through trial supervision procedures.
On the same day, the press office in the State Council, China held a news briefing to introduce the implementation of the National Human Rights Action Plan (20 16-2020) (hereinafter referred to as the Action Plan).
Li Xiao said that since the implementation of the Third National Human Rights Action Plan, judicial organs have continuously established and improved relevant mechanisms to prevent unjust, false and wrong cases from happening at the source. There are five major initiatives:
First, standardize the procedure of excluding illegal evidence. We will improve the mechanism for effectively preventing and promptly correcting unjust, false and misjudged cases, and strengthen the source prevention of extorting confessions by torture and illegally obtaining evidence.
Second, the implementation of the whole interrogation of criminal suspects synchronous audio and video recording system. Public security organs at all levels in China have now generally realized the whole process of audio and video recording of criminal cases. The people's procuratorate shall simultaneously record and video the whole process of interrogating the duty criminal suspect.
Third, carry out a pilot project of full coverage of lawyers' defense in criminal cases, establish and improve the lawyer system on duty, and ensure that the defendant in every criminal case can get legal help from lawyers.
The fourth is to standardize the filing and examination standards of criminal appeal cases and improve the examination procedures and requirements of criminal appeal cases. Seek truth from facts, investigate any mistakes, and correct them together when found. 20 16 to 2020, 83 criminal cases were retried by national courts through trial supervision procedures.
Fifth, continue to promote the standardization of sentencing, standardize the discretion of judges in sentencing, and promote the openness and fairness of sentencing.
According to the action plan, it is necessary to strictly grasp the applicable conditions of the death penalty and strengthen the review procedure of the death penalty. Li Xiao pointed out that the Supreme Court has done a lot of work in strict application standards of the death penalty in recent years. For example, in legislation, those who have made significant meritorious deeds are generally lenient, and if they can be sentenced, they will not be sentenced to death; The death penalty is not applicable to defendants over the age of 75, if the crime of intentional homicide is not established and the circumstances are particularly bad.
Li Xiao specifically talked about the proportion of cases in which the death penalty was not approved. She said that in reviewing death penalty cases, the Supreme Court adheres to the highest standards and the strictest requirements, and seeks truth from facts according to law. The batch is approved, and the batch that should not be approved is not approved. "So there is no example, or seeking truth from facts." (End)