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Last updated at: (Beijing Time) Tuesday, July 01, 2003

Shanghai Promotes Community Service for Minor Offenders

Some minor offenders in Shanghai will be handed over to their respective communities to carry out public service as part of a new sentencing regime, echoing similar practices in other parts across China.


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Some minor offenders in Shanghai will be handed over to their respective communities to carry out public service as part of a new sentencing regime, echoing similar practices in other parts across China.

Local communities and public security authorities will be responsible for the sentences of minor offenders, ensuring that they undergo rehabilitation and correct their behavior as expected.

Effective on July 1, the program will involve convicts sentenced to less than three years in prison who present no threatto society.

Shanghai courts will be responsible for determining non-custodial sentences and informing police and probation offices inthe convict's community, and family members.

After the sentence is imposed, convicts will be sent to their home communities.

Convicts committing minor offenses for the first time and thoseaged less than 18 will also be eligible for community service.

Convicts who were elderly, weak, ill, disabled or pregnant werealso eligible, providing they displayed contrition.

If they showed that they were rehabilitated and would stay out of trouble, they could be released upon completion of their sentences, as determined through court judgments, decisions or orders.

A trial program is underway in 47 communities and townships in two districts and one county under the jurisdiction of Beijing.

The Ministry of Justice hoped the capital's experience will seta successful example for other parts of China.

China's criminal law prescribes two kinds of sentence for convicted criminals: prison sentences, a major part of the penal system, and community service, so far rarely seen in China.

As a result of China's long-standing emphasis on prison-oriented punishment, community service has long been overlooked bythe judiciary.

But all offenders must observe laws and regulations and report their activities and residential changes while carrying out community service.

Special community bodies, experts and volunteers will be held responsible for supervising and helping offenders, and ensuring they carry out their service in order to build a sense of social responsibility.

The service may also help offenders realize the harm they have inflicted, help them to rehabilitate themselves, and aid them in clearing their consciences.

Although criminal law stipulates a series of penalties that can be served outside prison, most have not been imposed for reasons of social stability.

Community service has been widely accepted by countries across the world. Canada imposes community service in 79.76 percent of sentences, Australia in 77.48 percent, New Zealand 76.15 percent, France, 72.63 percent, and the United States, 70.25 percent, according to statistics in 2000.


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