Chinese Legal Scholars Call to Scrap Residential Surveillance Measure Exploited for Forced Confessions

By Huang Yuxin, Sheng Shiyu and Kelly Wang

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The Supreme People’s Procuratorate identified a 2019 case where local investigators in the eastern province of Jiangsu applied illegal restraints, starvation, sleep deprivation and other methods of physical torture against suspects.

Chinese legal scholars are calling for the abolition of a criminal detention procedure called “residential surveillance at a designated location,” stating that it has been abused by some law enforcement officers as an opportunity to torture criminal case suspects into making confessions.

The procedure, as stipulated in the Criminal Procedure Law, is meant to provide a place to stay for suspects or defendants who have no fixed residence as well as individuals involved in major crimes endangering national security.

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Chinese legal scholars advocate for abolishing "residential surveillance at a designated location" due to its abuse by law enforcement to torture suspects.
This procedure for suspects without fixed residence lacks supervision, leading to cases of physical torture and even deaths.
Recommendations include legislative amendments, limiting interrogation times, and requiring audio/video recordings to protect human rights.

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Who’s Who

DeBund Law Offices: DeBund Law Offices is a law firm based in Shanghai. Si Weijiang, a lawyer at DeBund Law Offices, suggested that the "residential surveillance at a designated location" procedure be retained only for suspects involved in national security-related crimes, proposing removing its application for individuals without a fixed residence.

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What Happened When

2019：: Local investigators in Jiangsu applied illegal restraints, starvation, sleep deprivation, and other methods of physical torture against suspects during residential surveillance at a designated location.

September 2023：: An amendment to the Criminal Procedure Law was included in the five-year legislative plan.

June 2024：: The Supreme People’s Procuratorate released a batch of guiding cases, including one advocating for strengthened supervision of investigative activities during residential surveillance at a designated location.

June 29, 2024：: Beijing-based lawyer Zhou Ze discussed the lack of supervision in residential surveillance at a designated location during a seminar held by Hongfan Legal and Economic Studies Institute.

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