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New rule limits brutal police actions
( 2003-09-10 07:05) (China Daily)

A newly released regulation of the Ministry of Public Security specifically bans the use of torture, threats or deception in securing confessions, Xinhua News Agency reported Monday.


A women police force is on duty in Central China's Hunan Province. [newsphoto.com.cn/file]

Testimony obtained through such practices will be disregarded in the trying of cases, according to the regulation, which was publicized recently and will go into force on January 1, 2004.

This is the first time that the public security department has ruled out the use of such methods in obtaining testimony and the move is seen as a further step towards justice in the treatment of criminal suspects.

Li Zhongxin, head of the ministry's Legal Affairs Bureau, said that the new rules will play a vital role in regulating law-enforcement activities of policemen and protecting the rights of people involved in certain cases.

The new regulation decrees that police officers should respect the dignity of suspects when conducting investigations and that the interrogation of a suspect should be done by two police officers of the same sex as the suspect.

In addition, police will not be allowed to reveal publicly the private affairs of witnesses and suspects they interrogate.

According to the new rule, the police will have to provide translation services for foreigners who cannot speak or understand Chinese.

Police will no longer be allowed to fine prostitutes on the street or detain people suffering from serious infectious diseases.

Others who cannot be detained include those who are under 16 or over 70 and women who are pregnant or breast feeding a baby under one year of age.

Police officers will not be permitted to interrogate suspects for more than 12 hours at one time, but may extend interrogation to 24 hours with special permission if a case is too complicated.

Police will not be allowed to keep money and goods confiscated from suspects for more than 15 days.

People will be permitted to refuse to pay a fine if the police decline to give receipts, which must be printed and issued by financial departments at the provincial level or above.

Suspects will have the right to a hearing if they are fined more than 2,000 yuan (US$241).

The regulation also stipulates that the determination of mental illness should be done by hospitals designated by provincial governments.

 
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