The Standing Committee of the National People’s Congress, China’s top legislature, authorizes China’s Central Military Commission (CMC) to adjust the application of the Criminal Procedure Law in wartime.
In terms of the military’s wartime criminal prosecution activities, the CMC can adjust some specific provisions of China’s Criminal Procedure Law regarding jurisdiction, defense and
representation, compulsory measures, filing, investigation, prosecution, trial, and execution.
On 24 Feb. 2023, the NPC Standing Committee adopted the “Decision on Adjusting the Application of Certain Provisions of China’s Criminal Procedure Law for the Military in Wartime” (關(guān)于軍隊?wèi)?zhàn)時調(diào)整適用<中華人民共和國刑事訴訟法>部分規(guī)定的決定), which introduces the above provision and aims to “legally ensure that the people's military effectively performs its mission and duties in the new era while improving its ability to win”.
Cover Photo by manos koutras on Unsplash
Contributors: CJO Staff Contributors Team