Where is a crime suspect detained? How do officers investigate a crime case? It used to be tough work for a suspect's family to find out important information. Since August 21, the Beijing Municipal Public Security Bureau has implemented 30 regulatory enforcement measures to clarify equivocal enforcement procedures and behavior by the Beijing police force. Citizens now can have access to information relevant to both police and public.

 

Reporting cases no longer restricted by jurisdiction

 

Content: Grass roots public security organizations such as criminal police force and police substations must accept individual or corporate reporting of cases, charges and tip-offs. Refusal and buck passing of cases will not be allowed using the excuse of being "outside a jurisdiction." In terms of unclarified, disputed or emergent cases, the public security organization should first accept the case, make written records, protect site areas and adopt necessary emergency measures accordingly. Once the sphere of jurisdiction is clarified, the case should be transferred to the right authority and the Notice on Transferring Cases be given to the person reporting the crime within 48 hours; in terms of cases clearly under another's jurisdiction, the receiving institute should first contact the right authority and then confirm this with the person reporting the crime. Rejecting or buck passing is forbidden.

 

Interpretation: Grass roots public security organizations must accept the reporting of cases. Rejecting or buck passing of cases is forbidden. The measure prescribes that the first receiving police station should not only accept the case but also adopt necessary practices on emergent cases. Citizens don't have to run to several police stations to report a criminal case.

 

The police must decide whether to follow up the case within 20 days

 

Content: After accepting the case, the grass roots public security organization should immediately scan the case and make a decision on whether to put it on file for investigation and prosecution within 20 days. The person reporting the case should be notified about the decision within 72 hours; if the cases are too important or too sophisticated to decide within 20 days, the police station should report to its higher authorities before the deadline and follow up the case.

 

Interpretation: Criminal cases vary greatly in every aspect. Therefore, public security authorities must make a decision within 20 days of reporting and in turn inform the relevant person within 3 days. Members of the public or companies will have a clear idea of the progress of their case.

 

Suspects should be informed of their legitimate rights

 

Content: When some compulsory measures are imposed on suspects, the Notice on Crime Suspects' Rights and Responsibilities should be presented to let them know their entitled rights when they sign the legal documentation as required. The public security organizations should read the notice or translate the notice for the illiterate or Chinese-illiterate suspects. Legitimate suspects' rights should be guaranteed according to the law.

 

Interpretation: Citizens involved in a crime are only suspects and therefore innocent until proven guilty and before the court rules them guilty. This respect a suspect's legitimate rights.

 

Lawyers can participate in public order and administrative cases

 

Content: To better facilitate litigants to exert their rights, litigants can hire lawyers to follow up their cases and participate in meditation and hearings from the date the public order and administrative cases are registered. Litigants can well exert their legitimate rights despite the fact that they may know nothing about the law, thanks to lawyers' professional insights.

 

Interpretation: Lawyers can not only play a role in criminal cases but can also participate in public order and administrative cases. Citizens are more involved in such cases than in criminal cases. Hiring a lawyer as an agent in public order cases helps to guarantee litigants' legitimate rights.

 

Misdemeanor settled through private mediation may request no record

 

Content: Conflicting parities involved in some misdemeanor caused by civil disputes may voluntarily come to an agreement based on compensation. To respect their will, police authorities therefore can decide not to follow up or withdraw a case provided the victim presents a written application for no criminal prosecution.

 

Interpretation: Meditation means seeking common ground while preserving differences in order to make agreements. Say, Mr. Zhang's child technically committed a misdemeanor by hurting Mr. Li's child. If there is no meditation, the juvenile will be sent to court or even face charges. Through meditation, both make concessions and exercise restraints before going too far.

 

Public order case can be mediated publicly

 

Content: Litigants can require open mediation in small public order cases that are caused by civil disputes and are qualified for mediation. Except in some inappropriate cases such as concerning personal privacy, all cases should be openly and publicly mediated. Citizens are also allowed to hear the meditation to ensure transparency and fairness.

 

Interpretation: Small public order cases such as flare-ups and wrangling are difficult to satisfy arbitrarily. Mediation heard by the public ensures an open and fair resolution for conflicting parties.

 

Policemen should exert restraint before using weapons

 

Content: Except law-breakers disobeying orders or obstructing officers during the course of their duty that may lead to escape, injury or other dangerous behavior, officers are not allowed to deploy policemen weapons. Officers should respect lawbreakers' dignity and avoid unnecessary personal injury.

 

Interpretation: Officers are only allowed to use weapons in "have-to" circumstances. This is a dual-win measure that protects suspect's legitimate rights and ensures smooth police actions as well.

 

Administration reconsideration could be applied online

 

Content: If citizens and legal persons are not satisfied with the police authority's concrete administration behavior, they can apply for administration reconsideration online by logging on to the home page of Beijing Municipal Public Security Electronic Social Service System and fill out the Application Form for Administrative Reconsideration according to system prompts. Citizens and legal persons will therefore not lose the right to apply administration reconsideration because they are not able or not willing to visit the public security organization or station within a set time.

 

Interpretation: New measures are based on Internet technology. Citizens can have their say on police authority's enforcement behavior through the Internet.

 

Consultancy Department should be established in a detention center

 

Content: All Beijing detention centers should establish a consultancy department to reply to enquiries from detainee's family, leaders or lawyers. Receptionists should answer enquiries politely and earnestly. Transparency of enforcement should be further enhanced.

 

Interpretation: The detainee's family, leaders and lawyers can get relevant information by enquiring to the consultancy department in detention center. Simply visit the center and enquire. This is currently available.

 

Officers must apologize for faults

 

Content: Once an officer is recognized as faulty by internal enforcement supervision departments, he and the leader of his working unit must apologize to the litigants.

 

Interpretation: Officers' apologies reflect an earnest attitude at work. No officer will deliberately make errors. As long as officers work in an earnest attitude, citizens will find it easier to understand information relevant to them or their organization.

 

(China.org.cn by Alex Xu, September 5, 2003)