Ministry of Public Security of The People's Republic of China - Criminal Procedure Powers

Criminal Procedure Powers

Public security officials also made extensive use of their authority to impose administrative sanctions through two sets of documents. These were the 1957 Regulations on re-education through labor, which were reissued in 1979 with amendments, and the 1957 Regulations Governing Offenses Against Public Order, which were rescinded and replaced in 1986 by regulations of the same name. Offenders under the Regulations on Reeducation Through Labor might include "vagabonds, people who have no proper occupation, and people who repeatedly breach public order." The police could apprehend such individuals and sentence them to reeducation through labor with the approval of local labor-training administration committees. The 1957 regulations placed no limit on the length of sentences, but beginning in the early 1960s sentences of three or four years were the norm. The 1979 amended Regulations, however, limited the length of reeducation through labor to three years with the possibility of extensions in extraordinary cases. The Regulations Governing Offenses Against Public Order empowered the police to admonish, fine, or detain people for up to fifteen days. Goods illegally in the possession of an offender were to be confiscated, and payment was imposed for damages or hospital fees in the event that injury had been caused.

The criminal laws in force after January 1, 1980, restricted police powers regarding arrests, investigations, and searches. A public security official or a citizen could apprehend a suspect under emergency conditions, but a court or procuratorate was required to approve the arrest. The accused had to be questioned within twenty-four hours and his or her family or work unit notified of the detention "except in circumstances where notification would hinder the investigation or there was no way to notify them." Any premeditated arrest required a warrant from a court or procuratorate. The time that an accused could be held pending investigation was limited to three to seven days, and incarceration without due process was made illegal.

Two officials were needed to conduct a criminal investigation. They were required to show identification and, apparently, to inform the accused of the crime allegedly committed before he or she was questioned. The suspect could refuse to answer only those questions irrelevant to the case. Torture was rendered illegal.

The 1980 laws also provided that in conjunction with an arrest the police could conduct an emergency search; otherwise, a warrant was required. They had the right to search the person, property, and residence of an accused and the person of any injured party. They could intercept mail belonging to the accused and order an autopsy whenever cause of death was unclear.

In July 1980 the government approved new regulations governing police use of weapons and force. Police personnel could use their batons only in self-defense or when necessary to subdue or prevent the escape of violent criminals or rioters. Lethal weapons, such as pistols, could be used if necessary to stop violent riots, to lessen the overall loss of life, or to subdue surrounded but still resisting criminals. The regulations even governed use of sirens, police lights, and whistles.