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Back from the DeadWrongful Convictions and Criminal Justice in China$
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He Jiahong

Print publication date: 2016

Print ISBN-13: 9780824856618

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824856618.001.0001

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PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 12 July 2020

The Reduction of Punishment in a Case of Doubt

The Reduction of Punishment in a Case of Doubt

Chapter:
(p.133) Chapter Ten The Reduction of Punishment in a Case of Doubt
Source:
Back from the Dead
Author(s):

Jiahong He

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824856618.003.0011

In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.

Keywords:   She Xianglin, evidence, standard of proof, innocence, Criminal Procedure Law

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