New evidence rules in death penalty cases

The Beijing News, May 31, 2010

The Beijing News today reports that China’s women soccer and table tennis teams have crashed out of championships: the ping pong team losing the World Championships final in Moscow to the Singapore team. Women’s soccer lost to Japan during the playoff for third place in the AFC Women’s Asian Cup hosted in Chengdu. It was also for qualification for the Women’s World Cup in 2011, and it’s unprecedented that China lost the chance to compete.

The Beijing News also slapped the bold headline “6 types of evidence that cannot be used for decisions on death penalty cases” on the front page. Sunday saw two regulations issued in relation to the death penalty, both disallowing illegal means to garner confessions after Zhao Zuohai (赵作海) was jailed for 11 years before the man that he confessed to murdering under torture was found to be alive. Inside, the paper lists the kinds of evidence that cannot be used:

1. Evidence that has been picked up through official examination and search or detention [is fine]; evidence that has not been examined, collected in an investigation or whilst in detention cannot be used as written or material evidence

2. Confessions gotten through torture and other illegal means

3. Witnesses or verbal evidence gotten through violence and threats

4. An organization that is making an appraisal but does not have the qualifications and rights as a legal organization, or the cases for appraisal are beyond the scope of services of the organization

5. An examination with notes that are obviously not conducted according to the law or relevant regulations, and also a reasonable explanation cannot be displayed for the examination

5. Copies that cannot reflect the appearance, special characteristics or contents of the original written document

The new rules are important reforms but a legal writer in The Beijing News says that regulations should be considered for all criminal offenses, not just the death penalty.