Top court to issue guidelines on illegal collection of evidence

The top court is planning to issue guidelines on the exclusion of illegal evidence to protect human rights and prevent miscarriages of justice, said a judicial expert.

Under the current Chinese Criminal Procedure Law, statements obtained from suspects or defendants through torture, and evidence gained by threatening victims, are regarded as illegal and should be excluded from court proceedings.

But the draft guidelines, which consist of 40 articles, are intended to extend the definition of illegal evidence, said the expert. They will make evidence obtained by deceiving or threatening defendants and their relatives illegal, as well as excluding statements obtained through extended interrogation.