Autor: Chen HAIFENG, Luo XUGANG
Publicat în: Journal Of Eastern European Criminal Law no. 2/2019
Revistă disponibilă: aici.
Abstract: The unique content of the criminal procedure of duty crimes in China is constituted by the personal coercive measures, the use of audio and video recordings, the lawyer’s defense, the internal supervision and the legal supervision of the procuratorial organ in investigating duty crimes, as well as the procuratorial organ’s discretion of public prosecution, trial by default, which distinguishes from that of ordinary crimes. There are many disputes about the specialization of procedure of duty crimes in China, such as the imbalance of rights protection and power restriction, the limitation of public prosecution discretion and the constraints on international criminal justice cooperation. However, its contribution to China’s anti-corruption should not be underestimated, and its experience in strengthening the centralized and unified exercise of anti-corruption power, reducing the procedural confrontation of the suspects and expanding criminal judicial cooperation deserves attention.
Keywords: criminal procedure of duty crime; specialization; disputes and contributions.
