Criminal Defence in China: The Possible Impact of the 1996 Criminal Procedural Law Reform

摘要

Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). The 1996 Amendment introduces an element of procedural justice into China’s criminal justice system. There are high expectations that the Amendment will better protect the rights of a suspect. The substantial improvement in the law and the symbolic values embodied in it are expected to provide an opportunity for such an improvement. However, given the ingrained pattern of practice in China’s criminal justice system, the practical impact of the Amendment in protecting the right to counsel will be limited. Efforts to amend the law will not give the rights real protection. Amending the CPL will not make the rights real unless they can be effectively enforced. While the Amendment may have laid a foundation for improvement, there is little likelihood that the legislation will bring about meaningful change in the practice of criminal defense in the near future.