Pages

8.31.2008

Conditional arrest 附条件逮捕

The Conference on Conditional Arrest (逮捕制度的深化与发展专题研讨会 ) was held yesterday in Beijing. The conference was organized by the Beijing Procuratorate, the Beijing no. 2 Procuratorate and the CASS Law School.

Deputy supreme prosecutor Zhu Xiaoqing held the keynote speech, and was later interviewed by the Legal Daily:


Journalist: conditional arrest was first proposed in 2005, at the Second National Meeting on Investigation Supervision, where it was required that this system be implemented at the national level. After three years of practice good results have been achieved, so how should the meaning and the nature of this measure be understood?

Zhu Xiaoqing: it is to be pointed out that conditional arrest is just a work system, a measure (gongzuo zhidu, gonzuo cuoshi 工作制度, 工作措施) used by procuratorates during investigation and arrest approval. It is not a legal measure (falv zhidu 法律制度). Conditional arrest has been used by procuratorates to correcly implement procedural legislation on arrest, and to balance punishment of crime and human rights protection.
 记者:附条件逮捕是在2005年全国第二次侦查监督工作会议首先提出,并要求在全国实行的一项工作制度。这项制度在经历3年多实践后,取得了不错的效果,应该如何认识附条件逮捕制度的含义和性质?
  朱孝清:首先明确,附条件逮捕是检察机关在审查批捕中的一项工作制度、工作措施,而不是法律制度。附条件逮捕,是检察机关为了准确贯彻执行刑事诉讼法关于逮捕条件的规定,实现惩治犯罪与保障人权的平衡而提出来的。
Read the rest of the interview to Zhu Xiaoqing (in Chinese)