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” (关于军队战时调整适用<中华人民共和国刑事诉讼法>部分规定的决定), 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