BEIJING, July 26 (Xinhua) -- China's highest criminal prosecution body has
issued new regulations detailing official abuses of authority, which it hopes
will stamp out torture of criminals and criminal suspects.
The regulations issued by the
Supreme People's Procuratorate (SPP) on Wednesday outline 42 offences of abuse
of office with criteria by which prosecuting authorities could launch
investigations.
The offences include:
-- divulging state secrets;
-- releasing detainees without proper authority;
-- abusing authority in company registration and
establishment;
-- failing to properly collect taxes;
-- illegally issuing logging and tree-felling
permits;
-- selling land-use rights below value;
-- improperly recruiting public servants;
-- aiding and abetting fugitives;
-- extracting confessions through torture, collecting
evidence by violent means and abusing detainees.
SPP Vice President Wang Zhenchuan said the SPP had
previously lacked detailed standards and criteria by which to determine if an
official was abusing their authority or office.
"The new regulations detail circumstances in which
officials can be considered to be abusing their power," Wang said.
For example, the previous regulations prohibited law
enforcement and judicial officers from using "brutal means" to extract
confessions and torture was defined by whether it caused "serious results".
But prosecutors had no practical guidelines to
determine what constituted "brutal means" or "serious results".
The new regulations detail eight criteria for the
crime of torture, including beating, binding, freezing, starving, exposing
suspects to severe weather, severely injuring suspects, and directly or
indirectly ordering others to use torture.
Wang said the new regulations would help prosecutors
determine if an official had committed an offence and if an investigation was
required.
"The human rights of criminals suspects will be
better protected with these regulations," he said.
The SPP also disclosed that around 8,000 officials
were on the prosecutors' files for investigation of abuse of office allegations.
Sixty to 70 percent of allegations related to "economic" offences.
The regulations also clearly define "official" and
"state worker" as people working for central or local governments, judicial and
law enforcement bodies, the armed forces, national or local people's congresses,
political consultative conferences, and the Communist Party of China.
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