The criminal procedure law to change the loyalty of the practice is worth affirmation

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  • / Author: Aaron Lewis

The eleven session of the National People's Congress Standing Committee twenty-second meeting 24 considered the draft amendment to the criminal procedure law at. Compared with the existing law, the draft added a provision: notification by the people's court according to law, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.

The expert points out, this article indicates that, criminal suspects and defendants, relatives in the case can refuse to testify, the law no longer insist "loyalty".

  In the Han Dynasty, harboring a prisoner is a felony, but in the Han Emperor loved sin can hide

In the Han Emperor festival in four years (that is, 66 years BC) before, for the relatives between mutual concealment of crime, punishable by penalty.

Since the Han Dynasty pays attention to Nita Ji world, and because of the Han Emperor in 66 BC years Xiazhao, between parents and children, husbands and wives provisions can be concealing criminal behavior, does not constitute the crime of harboring a criminal. Except of course some major crime, such as treason.

"Provisions of concealment is not a crime" have been created, such provisions since the Han Dynasty was founded, basically for the later dynasties inherited. This is not only reflected in the criminal law of the Confucianism gained dominance, but also the feudal legal system history a brilliant, because"Kiss of the first Punic "reflects the respect of human nature, it is not a feudal are backward, as long as the good we should inherit.

 About family members can not modify mutual proof, you can easily think of the cultural revolution are separate, and report on, enemies, human loss, not the family, social and family relationships were greatly!

Now criminal law draft revision, reflects the legislators return to human nature and reason, although seemingly back to 2000 before the law, but in fact the China law a correction!

(the first to write about the legal aspects of the review, not well written, you correct me!)

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Attached the relevant reports:

China plans to revise the criminal law no longer insist on "loyalty"

 
 
In new network Beijing on 24 August, (reporter Zhou Zhaojun) the eleven session of the National People's Congress Standing Committee twenty-second meeting 24 considered the draft amendment to the criminal procedure law at. Compared with the existing law, the draft added a provision: notification by the people's court according to law, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.

The expert points out, this article indicates that, criminal suspects and defendants, relatives in the case can refuse to testify, the law no longer insist "loyalty".

Lang Sheng, deputy director of the NPC Legislative Affairs Commission said, adding that a rule, is considered mandatory spouse, parents, children to testify to the defendant in court, not conducive to family relationship.

At the same time, draft amendment to the criminal procedure law also strengthens the protection of witnesses and their close relatives. The provisions of the draft, for the crime of endangering national security, terrorism, organized crime, drug crime witnesses, victims, according to the case, take personal information is not public real name, address, work units, not to expose the true appearance, voice to testify in court, special protection measures on their and residential.

Lang Sheng said, in order to further protect the suspect, the defendant's right to defense, the draft to expand the application of legal assistance in criminal litigation. The provisions of the draft, in the investigation, prosecution, trial stage, the public security organs have the obligation to inform the legal aid institutions appoint lawyers to defend the criminal suspect, the defendant eligible.