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Bargaining Justice:

Bargaining Justice:. A Chinese Version. 1.First stage : before 2000. Article 174 of 1996 CPL: To the following cases, the people’s court may apply summary procedure, with one judge sitting single in the bench:

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Bargaining Justice:

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  1. Bargaining Justice: A Chinese Version

  2. 1.First stage: before 2000 • Article 174 of 1996 CPL: To the following cases, the people’s court may apply summary procedure, with one judge sitting single in the bench: (1)Public prosecution cases punishable by imprisonment of less than 3 years, criminal detention, criminal control, or criminal fines solely, with facts clear, evidence sufficient, and the people’s procuratorate agreeing or suggesting to apply summary procedure; (2)Cases only handled on complaint; (3)Minor criminal cases filed by victims supported by evidence.

  3. 2.Second stage:2001-2003 • First plea bargaining case emerged in China in 2002: Mengguanghu intentional injury case

  4. 3.Third stage:2003-2012 3.1 Some Opinions on Applying Summary Procedures to Public Prosecution Cases: ● The defendants and their defenders hold no objection to basic facts ; ● The people’s court ask opinions from the defendants and their defenders. 3.2 Some Opinions on Applying Ordinary Procedures to Cases Where defendants confessed: ●The defendants hold no objections to basic facts and confessed voluntarily; ●People’s court make sure that both of the prosecution and the defense agree to apply this simplified procedure.

  5. 4. Fourth stage: 2012 - • New summary procedure established by the second amendment of CPL: To cases falling into the jurisdiction of people’s court at basic level and meeting the following conditions, summary procedure may be applied: (1)That facts of cases are clear, and evidence is sufficient; (2)That defendants admit the alleged crimes, and hold no objection to charged facts; (3)That defendants hold no objection on applying summary procedure. When filing public prosecution, the people’s procuratorate may make a suggestion to apply summary procedure.

  6. 5. Some comments • No real bargaining • No real plea • No bargained discount in sentence • No procedure to make sure confession voluntary

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