Challenging Evidence: The Exclusionary Rule in Chinese Criminal Procedure
China has adopted an exclusionary rule for illegally obtained evidence. Under Criminal Procedure Law, Article 56 [CN official] and the SPC Provisions on Exclusion of Illegal Evidence (2017), certain categories of evidence must be excluded from trial. For foreign defendants — who may face language barriers during interrogation — this protection can be critical.
What Evidence Must Be Excluded
Confessions obtained through torture, threats, inducement, or deception must be excluded. Likewise, witness testimony and victim statements obtained through violence or threats. Physical evidence collected in violation of legal procedures, where the violation seriously affects the fairness of justice, must also be excluded unless the defect can be remedied through supplementation or explanation.
Practical Application
A defendant or lawyer who believes evidence was illegally obtained may apply to the court for exclusion. The court may convene a pre-trial conference or hold a hearing during trial to address the exclusion motion. The prosecution bears the burden of proving the evidence was lawfully obtained — a significant procedural protection.
Primary legislation: Criminal Procedure Law, Articles 56–60 [CN official]
Judicial interpretation: SPC Provisions on Exclusion of Illegal Evidence (2017)
Related: Interrogation Rights →