ཙྩ ཡ་ Sm ་ ་ ་
5
obeyed.
criminal
An individual who is already in detention under investigation may also be punished under the regulations if it is decided that criminal prosecution is
not warranted.
The Regulations do not stipulate what
information must be held before an individual may be summoned for questioning or at what point, if any, a specific charge must be made. However the Regulations do require that where an individual is liable to detention
under the Regulations, the investigation and interrogation must be completed within 24 hours. This requirements implies that where the suspected offense is more serious the individual may be detained immediately on arrival at a public security office.
"rule"
・裁決
Criminal Procedure
right to counsel,
is not permitted.
Regulations are
rescinded 1957
The Regulations do not provide for a hearing of the alleged offense. Article 33 merely states that city or county level public security bureaus or sub-bureaus shall
) on the penalties. In contrast to the
Law, the Regulations do not grant a which would indicate that legal counsel Nonetheless, the Administrative Penalty a significant improvement over the version. Article 39 sets out both a right and a procedure for appeal to a higher level police authority and а second appeal to the people's courts. Although challenging police authority in China remains an exceeding difficult task, the establishment of the right of appeal
an important first step. The expected promulgation of China's Administrative Procedure Law this
will establish statutory procedures for bring ing lawsuits against government agencies and officials and may the appeal process under the Administrative Penalties Regulations more meaningful.
month
make
is
1.