In June 2023, China’s Supreme People’s Procuratorate (SPP) and the China Coast Guard (CCG) jointly issued the Guiding Opinions on Improving the Investigation Supervision and Collaboration and Cooperation Mechanisms.
Criminal Procedure in China 中国刑事诉讼法
In May 2023, China’s Supreme People’s Court and Supreme People’s Procuratorate issued the sentencing guidelines for sex crimes against minors. Under the guidelines, anyone who coerces or induces a minor to expose his/her private parts or to commit any obscene act by such means as online video chatting or sending videos or photos shall be convicted and punished for the crime of coercive molestation or the crime of molesting a child.
From 2018 to 2023, the proportion of the number of acquittals to the number of prosecutions in China is 0.058%.
In October 2022, China's Supreme People's Court and other three authorities jointly issued “Opinions on Further Deepening the Pilot Program of Full Coverage of Lawyer's Defense in Criminal Cases”, which extends the stage where the criminal suspects could have a lawyer to the 'examination and prosecution' stage.
In August 2022, China issued the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Information Network Crime”, which revises several criminal procedure rules related to information network crime based on the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Cybercrimes” in 2014.
China’s Supreme People's Procuratorate shows, in its published guiding case, Jian Li No.67, shows how Chinese procuratorates review electronic data obtained from overseas.
Seizure of electronic storage devices and electronic data extraction are the two statutory methods. It is also noteworthy that different approaches would apply when it comes to collection of the electronic data located in China and of that located outside of China.
China's new judicial interpretation (2021) of Criminal Procedure Law provides for the trial and judicial assistance for foreign-related criminal cases.