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Officials who run should still be punished: experts

  • Source: Global Times
  • [02:44 September 08 2010]
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By Peng Pu

Legal experts are calling for the establishment of a new system that would allow prosecutors to put suspects on trial even when they've fled the country.

The suggestion came after a Henan Province official under investigation for corruption disappeared overseas. Experts also said the case shows the need to speed up extradition agreements with destination countries.

Li Weimin, a deputy Party secretary of Anyang in Central China's Henan Province, allegedly accepted bribes and had been under investigation since August 27, according to the Xin-hua News Agency.

Li disappeared after he attended the funeral of Fang Xiaoyu, an administrative vice governor of Hainan Province, on May 19 in Beijing, three months before it was confirmed by local authorities. His destination was not disclosed.

According to the Ministry of Public Security, the number of people suspected of economic crimes who fled China was around 800 in 2006. The cases involved 70 billion yuan ($10.3 billion) and more than 30 countries. There were 320 arrests.

In reaction to the high number of officials fleeing the country, the government has introduced some new rules to keep them in check.

In July, a regulation said government officials are required to report their assets every year for public scrutiny. Meanwhile, another rule stressed that an official whose spouse and children moved overseas need to follow stricter rules when applying for a private passport or a visa.

Legal experts say that trial by default should be set up and China should sign extradition treaties with more countries.

Shi Xiaobo, an assistant professor at Zhongnan University of Economics and Law, is among those who support the idea. "It could give those fleeing officials a heavy blow as the verdict is authoritative and perpetual, which could be a warning to them," he said.

However, Liu Renwen, a professor at the Chinese Academy of Social Sciences, said that although the system could have an impact on anti-corruption efforts, it is not appropriate now.

"The bottom line of law is to protect justification. Trial by default would bring a lot of problems such as insufficient evidence. We should look not only at anti-corruption cases, but more on how we can judge a case fairly," he said.

He added that more attention should be paid to extradition treaties.

"The international practice bans the rendition of death penalty criminals. However, most suspects who have escaped abroad were involved in economic crimes, which may lead to a capital sentence in China. That is one major reason why we proceed so slowly in signing a treaty," Liu said.

China has signed extradition treaties with more than 30 countries. The stipulation about "no rendition of death-row criminals" first appeared in a treaty with Spain signed in 2006. However, the treaties with the US and Canada, two favorite destinations of corrupt Chinese officials, are still being negotiated.