FAQs on the draft of Criminal Procedure Law Amendment

Q: When the draft of Criminal Procedure Law Amendment released?

A: On August 30, 2011, the National People’s Congress of the People’s Republic of China (“PRC”) released the draft Criminal Procedure Law Amendment (“Draft Amendment”) to the public for comment.

Q: What are the questions that critics focus on the Amendment?

A: The critics focus on two aspects of the Draft Amendment.  First, the Draft Amendment requires the authorities to notify the suspect’s family of the reason and location of the detention or arrest within 24 hours, except when the suspect is involved in activities related to national security, terrorism, or other serious crimes which may include serious bribery, if the notification could hinder the investigation.

Second, the Draft Amendment specifies that residential surveillance, a form of house arrest, may be performed at the residence of a suspect or defendant, unless the suspect or defendant has no residence, or if residence surveillance at a suspect’s house hinders an investigation for crimes involving national security, terrorism, or serious bribery, then the authorities may perform the surveillance at a designated location.  Under the Draft Amendment, the authorities are required to notify the suspect’s family of the reason and location of the residential surveillance, except when the suspect is involved in activities related to national security, terrorism, or other serious crimes which may include serious bribery, if the notification could hinder the investigation.

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