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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, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 19 October 2021

The Reduction of Punishment in a Case of Doubt

The Reduction of Punishment in a Case of Doubt

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

Jiahong He

University of Hawai'i Press

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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