Difference between revisions of "Chinese Law Primer"
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Under Chinese law, defense counsel is entitled to receive only limited discovery at the prosecution examination stage (see Article 36 of the Criminal Procedure Law). At this stage, discovery is limited to judicial documents such as the bill of prosecution and warrants of detention and arrest (not included are the defendant's statement, statements of witnesses, and all physical evidence). After the prosecutor files charges with the court they will transfer to the court all the main evidence in the case (in practice, much is withheld from the court file; exculpatory evidence is routinely withheld as is evidence that the prosecution has determined not crucial to its case). At the trial stage, the lawyer can freely go to the court to get copies of all evidence the prosecutor has placed in the court file. If the lawyer wants additional documents, they have the right to make an application to request the prosecutor provide this evidence to the defense. | Under Chinese law, defense counsel is entitled to receive only limited discovery at the prosecution examination stage (see Article 36 of the Criminal Procedure Law). At this stage, discovery is limited to judicial documents such as the bill of prosecution and warrants of detention and arrest (not included are the defendant's statement, statements of witnesses, and all physical evidence). After the prosecutor files charges with the court they will transfer to the court all the main evidence in the case (in practice, much is withheld from the court file; exculpatory evidence is routinely withheld as is evidence that the prosecution has determined not crucial to its case). At the trial stage, the lawyer can freely go to the court to get copies of all evidence the prosecutor has placed in the court file. If the lawyer wants additional documents, they have the right to make an application to request the prosecutor provide this evidence to the defense. | ||
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==Court Structure and Process== | ==Court Structure and Process== | ||
