Where evidence is insufficient the verdict should be not guilty, and confessions extracted by force should be excluded; after a verdict there are still petitions and retrials
- High value
- Evidence A
- Keeps you free
- Free
- Takes some hours
- Some willpower
In plain words
The threshold for conviction is written into the Criminal Procedure Law (刑事诉讼法): the evidence on which a verdict rests must be verified as true through legal procedure, and, looking at all the evidence in the case, reasonable doubt must be ruled out. If that can't be done, the verdict should be not guilty. Confessions obtained by torture and testimony obtained by violence or threats should be excluded and cannot be used as the basis of a judgment. After a judgment takes effect, you, your legal representative and your close relatives can still file a petition (申诉).
Mentioned in
- Get a lawyer first if you are accused or summoned; don't settle privately and don't delete records
- If someone makes up facts to report you, you can demand that they be held accountable: at least 5 days of detention when it merits a public security punishment, up to 3 years when it is a crime
- When you are the victim and seek compensation, use 12315, a lawsuit or a lawyer; don't go alone to meet the other side, and don't tie "pay me" and "I won't expose you" into one sentence
Translated from the Chinese original. Original book, section 8, tip 34. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer