China's law enforcement agencies urge to more cautiously handle death penalty cases

A circular issued on Sunday by four of China's legal authorities has called for collaboration to impose stricter control over death penalties and a better safeguard of defendants' rights.

The circular co-issued by the Supreme People's Court (SPC), the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice reiterated that the country would maintain the death penalty but would reduce the application of capital punishment.

"China can not abolish the death penalty for now, but should try to minimize its use to ensure capital punishment handed out only to criminals who commit extremely notorious crimes," the circular said.

"In cases where the judges have the legal option to choose whether or not to apply the death penalty, he or she should always choose not to do so," it said.

In addition, the newly released circular also called for better protection of legal and human rights of defendants in the process of investigation, prosecution and trial to "avoid cases of injustice".

There have been several cases of injustice resulting in unwanted deaths reported in China over the past few years, showing the country's legal system is still vulnerable to errors.

The circular required that practice and enforcement of laws should "strictly apply legal procedures" and "pay respect to defandants' human rights as required by the country's Constitution".

Torture, violence and threats are prohibited in the process of the investigation, and evidence obtained through illegal "cannot be used as the basis for concluding a case".

Judges and procuratorates are urged not to rush into decisions without solid material evidence.

The circular also specifically highlighted that "the parading of criminals in public as well as other activities for the purpose of humiliating them" should be strictly banned.

Last December, police in Shenzhen, bordering Hong Kong in southern China, were reported to have forced 100 prostitutes and their clients to parade in the street with masks on, resulting in a wave of criticism on the Internet.

The circular said the four legal authorities should work together to rule out cases of injustice. Those who, by ignoring the laws or their duties, cause unwanted consequences will be held responsible and will face criminal charges.

The circular is the third time this year the SPC has publicly stressed the country's intentions to restrict the use of the death penalty following the SPC's restoration of the final say on death penalty verdicts on Jan. 1 this year.

The SPC has since been responsible for ratifying or rescinding death sentences made by provincial courts, or ordering a open retrial by provincial courts.

Source: Xinhua