Criminal justice: Felons convicted of serious corruption would be prohibited from seeking shorter sentences, under a third reading of the draft amendment to the Criminal Law. The amendment aims to "safeguard judicial fairness". (Photo/China Daily)
An official pardon is being considered for prisoners who meet a certain criteria, according to a draft decision submitted to China's top legislature on Monday.
In the spirit of the 70th anniversary of the end of World War II, four categories of prisoners who are not deemed a threat to society may become eligible for amnesty, Li Shishi, director of the National People's Congress (NPC) Standing Committee's legislative affairs commission, told a bimonthly session that started on Monday. [Special coverage]
Li made clear that any criminals who have been convicted of bribery or embezzlement will not be covered by the amnesty.
The four special cases include:
1) Criminals who fought in China's war of resistance against the Japanese invasion and the civil war against the Kuomintang (KMT) army.
2) Criminals who participated in wars to safeguard national sovereignty, security and territorial integrity after the founding of the People's Republic of China in 1949. Those found guilty of serious crimes are excluded.
3) Criminals who are 75 or above, and those with physical disabilities that are unable to care for themselves.
4) Those who committed crimes while under the age of 18 and received a maximum sentence of three years in prison, or those whose remaining prison term is less than one year. Again, those who were convicted of serious crimes are excluded.
Li said the amnesty deal should not create fear among the general public. Felons convicted of violent crimes such as homicide, rape, terrorism or narcotics will not qualify.
Felons convicted of endangering national security, organized gang crimes, embezzlement and bribe-taking are also instantly disqualified.
Only those who were sentenced before Jan. 1, 2015 qualify in the case of recent convictions.
Amnesty is a national system to remove or alleviate criminal penalties. It is a humanitarian system that follows international practice, Li said.
China has announced seven amnesties based on the Constitution after New China was established in 1949. The Constitution says the NPC Standing Committee decides to issue amnesty and the President promulgates the order.
Granting amnesty at the occasion marking the 70th anniversary of the end of the Chinese People's War of Resistance Against Japanese Aggression is "an innovative practice" based on the constitution, Li said, stressing its "great political and legal significance."
The act shows the government and country's confidence in its system of governance and creates an "open, democratic, civilized and legal" image for China, Li told lawmakers.
It is conducive in promoting rule of law and the historical tradition of "imposing penalties prudently and caring for prisoners," he said.
The move can also help create a society that further respects the authority of the Constitution and inspire people's patriotism, promoting social stability, he said.
Li stressed strict and prudent selection of criminals fit for the amnesty, noting legal experts and prison management specialists thoroughly researched amnesty in China and aboard.
