• Judges cited lack of hard evidence as the reason domestic abuse divorces are difficult to rule on.

Judges cited lack of hard evidence as the reason domestic abuse divorces are difficult to rule on. (Photo : Flickr)

The Supreme People's Procuratorate (SPP) announced on Monday that prosecutors who are found guilty of neglecting their duties or conducting malpractice that results in major case defects or the miscarriage of justice will face severe punishment that will last beyond their time in office.

The announcement was made amid continuing judicial reform being implemented to ensure justice.

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In "a bid to ensure fairness" of the judicial system, the top prosecuting department has issued a judicial mandate to clarify and standardize the legal responsibilities and punishments of prosecutors, according to SPP spokeswoman Xiao Wei's statement at a press conference on Monday.

According to the new rules, persecutors will assume legal responsibility for the fairness of the cases they have handled to ensure that "justice will be done to the public in every judicial case," according to the SPP document.

"If prosecutors violate the regulations on purpose, abuse power or fail to assume supervision duties, resulting in wrongful court judgments or other serious consequences, they will assume legal responsibilities, including being disciplined or even facing criminal charges," Xiao said.

In recent years, judicial credibility and social fairness has been questioned by the public and the media, with prosecutors' abuse of power and malpractice being attributed to the issues in the trial.

Wang Guanghui, director of the judicial reform office of the SPP, said that these new rules state that if prosecutors violate laws in order to cover up for suspects, destroy or fabricate evidence, or use threats or torture to obtain confessions from suspects, they will assume legal responsibilities, including discipline or criminal charges.

Prosecutors will also be liable for knowingly using illegal evidence offered by police, illegally detaining and prosecuting suspects or causing suspects to act in collusion to change confessions. These prosecutors will be subject to legal punishments, according to Wang.

Prosecutors who neglect their supervision duties, causing in unjust or false trials and major case defects, will also assume legal responsibilities, said Wang.

Wang added that if suspects who are finally found not guilty and set free by courts and the public or media exposes prosecutor misconduct, the SPP will automatically start judicial procedures to investigate the conduct of the prosecutors.

"In serious circumstances, they will be suspended from their duties, removed from their posts or even held criminally accountable," Wang added.