Criminal law help in China, getting better

This is a discussion on Criminal law help in China, getting better within the Doing Business in China forum, part of the INTERNATIONAL LAW category; I would point out to Mr. DH that the law is quickly developing in China, on all fronts. In 1996, ...

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Old Jul 10th, 2008, 04:20 PM   #1
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Default Criminal law help in China, getting better

I would point out to Mr. DH that the law is quickly developing in China, on all fronts.

In 1996, China revised its criminal procedure code, incorporating the Western concepts of presumption of innocence, the right to an attorney for certain categories of cases, and the prohibition against the use of torture to coerce confessions.

China set up legal aid clinics across the country to meet the demands of the new laws.

There is much work still to be done in China. Only about 10 percent of the criminally accused receive appointed counsel as current laws limit the right to an attorney to a handful of offenses. The law does not permit the appointment of defense counsel until 10 days before trial. Frequently, defense attorneys do not interview clients and many attorneys still lack rudimentary skills.

But the fact that China has demonstrated a willingness to crack open the human rights door is encouraging.
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