China cracks down on negligent prosecutors

More than 280 prosecutors across China have faced penalties for intentional or gross negligence in their duties since 2020 as part of broader efforts to enforce accountability in the judicial system, according to the Supreme People's Procuratorate.

Revised regulations on judicial accountability that have now been implemented improve the mechanisms for determining and enforcing accountability, Wang Bingjiang, deputy director of the top procuratorate's Prosecutorial Inspection Bureau, said at a news conference in Beijing on Wednesday.

They aim to ensure that accountability and punishment decisions are timely, consistent, strict and precise.

The regulations now outline 13 types of prosecutorial misconduct, such as concealing or distorting facts and improperly accepting or rejecting key evidence, for which judicial responsibility will be enforced.

In cases involving gross negligence, the regulations specify that the occurrence of serious consequences is a key factor in determining judicial responsibility. Punishments will be imposed for 10 scenarios, including errors in determining facts and applying laws.

The regulations also clarify that prosecutors will not be held accountable where the nature of the case, handling decisions, or outcomes change due to changes in laws and regulations.

Wang said the revised regulations hold prosecutors accountable for their actions throughout their careers, regardless of their current position, retirement status or departmental transfers.

"If an investigation determines that a prosecutor is responsible, they will be held accountable for judicial responsibilities in accordance with discipline and law, regardless of their status," Wang said.

Wang said issues encountered during implementation of the system included delays in accountability and punishment, nonstandard procedures, inaccurate determination of responsibilities and inadequate handling of cases.

In 2021, the top procuratorate responded to public concerns by emphasizing that "rectifying wrongful cases should not stop at State compensation; accountability must be placed on the responsible parties".

For 246 criminal cases that were retried, with the convicted people found innocent, the top procuratorate thoroughly examined the issues in the prosecutorial process and held prosecutors accountable for any confirmed responsibilities, Wang said.

Efforts have since been intensified to hold prosecutors accountable for misconduct in wrongful cases, aiming to prevent the recurrence of such convictions.