Abstract
This report provides an overview of the legal situation in the People’s Republic of China in terms of main issues related to the transnational inquiry and the protection of fundamental rights. Types and characteristics and procedure concerning investigative cross-border cooperation are listed and briefly discussed with some European countries as examples. Hand-over and guaranty of evidence, the investigative tools and pre-trial measures involving the right to liberty are explained, not only in principles but also in detailed measures. In conflict of jurisdiction and protection of human rights, the principles, the responsible organs and the main legal basis are introduced. Special regulations in the field of transnational organized crime are analyzed and deficits are mentioned. Judicial cooperation with ad hoc tribunals and the influence of supranational case-law in transnational criminal inquiries are briefly discussed and the recent reform of criminal procedure in China is introduced.
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Notes
- 1.
See, Chap. 13 “Judicial Assistance on Criminal Matters and Cooperation of Policing” in “Regulations on Procedures in Dealing with Criminal Cases by Public Security Organs (Revised)” issued by the Ministry of Public Security of the PRC in 1998. In: http://www.law-lib.com/law/law_view.asp?id=13934&page=2.
- 2.
See above, footnote 1, in Chap. 11 “Cooperation in Handling Cases.”
- 3.
See, e.g., “Notice Regarding Issuing Certain Procedure on Dealing with the Criminal Cases of Judicial Assistance through Diplomatic Channel” issued by the Ministry of Public Security of the PRC in 1999. In: http://www.chinalawedu.com/falvfagui/fg23079/14964.shtml.
- 4.
See “Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases” jointly issued by “the Supreme People’s Court, the Supreme People’s Procuratorates, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice” in July 1, 2010. In: http://www.law-lib.com/law/law_view.asp?id=316883.
- 5.
See Sect. 8 “Identification” of Chap. 7 “Investigation” in “Regulations on Criminal Procedures of People’s Procuratorate (Revised)” issued by the Supreme People’s Procuratorate in 1999. In: http://www.people.com.cn/item/flfgk/gwyfg/1999/114201199902.html.
- 6.
See Chap. 6 “Compulsory Measures” in “Criminal Procedure Law of the PRC.” In: http://en.pkulaw.cn/display.aspx?cgid=13912&lib=law.
- 7.
See, Art. 6–11 in “Criminal Law of the PRC.” In: http://en.pkulaw.cn/display.aspx?cgid=17010&lib=law.
- 8.
See Above, footnote 6, in Chap. 2 “Jurisdiction.”
- 9.
See, Chen (2009), pp. 467 ff.
- 10.
See Fan et al. (2004), p. 194 ff., 307 ff.
Abbreviations
- CCC:
-
Chinese Criminal Code
- CCP:
-
Chinese Criminal Procedure
- ICC:
-
International Criminal Court
- PRC:
-
People’s Republic of China
- UN CTOC:
-
United Nations Convention against Transnational Organized Crime
References
Chen G (ed) (2009) Criminal procedure, 3rd edn. Press of Peking University, Beijing
Fan CY et al (2004) Report of the thematic research on revision of the criminal procedure. Chinese People’s Public Security University Press, Beijing
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Wang, S. (2013). Report on China. In: Ruggeri, S. (eds) Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32012-5_25
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