Leniency pushed for minor cases

Procuratorates are pushing forward the judicial concept of "fewer arrests and cautious prosecution" for minor cases to protect suspects' interests and improve social governance, according to the annual report of the top procuratorate released on Monday.

Adhering to the concept, procuratorates nationwide disapproved the arrests of 88,000 people and decided not to prosecute 202,000 involved in minor crimes that did not require criminal punishment last year. Meanwhile, the rate of pretrial detentions fell from 96.8 percent in 2000 to 53 percent last year, the report said.

The Supreme People's Procuratorate submitted the report to the ongoing fourth session of the 13th National People's Congress, China's top legislature, for deliberation.

Procurator-General Zhang Jun said that those who commit serious crimes must be severely punished while those involved in minor crimes can be given leniency in accordance with the law, which could be conducive to reducing social conflict and improving social governance.

Procuratorates have always maintained strict prosecution and haven't lowered their standards, he said. They have also consistently worked with public security organs and the courts to adhere to the "fewer arrests and cautious prosecution" concept while comprehensively reviewing the facts and evidence of each case.

During a national conference of prosecutors in January last year, Zhang urged procuratorates to further reduce the rates of arrests and pretrial detentions. With the progression of society and technology, it is feasible and imperative to expand means to keep those suspected of minor crimes out of detention, he said.

Asked whether the "fewer arrests and cautious prosecution" concept might boost crime rates, Ma Qi, deputy head of the top procuratorate's general office, said that would not happen in practice.

Ma said long-term social stability has had a significant impact on the types of criminal cases, with the number of serious violent crimes consistently declining and minor crimes that involve endangering economic and social management and order increasing significantly.

Figures released by the top procuratorate show the number of people prosecuted for serious violent crimes declined from 162,000 in 1999 to 57,000 last year. Additionally, the proportion of cases in which criminals were sentenced to less than three years in prison rose from 53.9 percent in 2000 to 77.4 percent last year.

Ma said detentions and arrests aim to prevent suspects from committing further crimes, colluding with others or obstructing the collection of evidence. He said investigators usually finish evidence collection and case analysis before deciding whether to press charges against suspects or release them, so there is no need to be concerned about rising crime rates.

Ma also said such arrests could increase antagonistic feelings in suspects and their families, which is not conducive to promoting social harmony.

The judicial concept should adapt to changes in the criminal structure, and leniently punishing criminals involved in minor cases could be more conducive to efforts to correct and educate them. Furthermore, authorities could use devices such as electronic bracelets to supervise suspects and those found guilty of minor crimes, he said.

In 2018, an amendment to the Criminal Procedure Law established the policy of imposing lenient punishment on those who confess and are willing to accept punishment for their crimes, providing an institutionalized guarantee for the "fewer arrests and cautious prosecution" concept.

Leniency should not be adopted in all cases, Ma said. Prosecutors should maintain their standards, work to prevent wrongful convictions such as those obtained by forced confessions and refuse leniency for criminals involved in cases that have had an extremely negative impact on society, he said.

Last year, the policy was applied in more than 85 percent of cases. Nearly 95 percent of the sentences recommended by procuratorates were adopted by courts when dealing with cases in which leniency was given.