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To err is human, to forgive divine. But forgiveness is becoming human as China attempts to improve its legal system.

Those accused of petty crimes especially teenagers and first offenders will receive lenient treatment, says a document released by the Supreme People's Procuratorate yesterday.

Suspects can avoid being arrested or prosecuted depending on the circumstances if they're younger than 18 and their crimes are minor, if it's proved they'd been forced to commit the offence or if they confess, says the document.

Adult suspects who commit minor crimes, especially first-time offenders, could get lighter sentences, it adds. 

Groups of suspects could also get more liberal treatment. The document has asked prosecutors to be "cautious" when approving arrest or sanctioning prosecution in what may be regarded as ordinary mass incidents.

Spokesman for the top procuratorate, Tong Jianming, said at a news briefing yesterday that tempering justice with mercy was "a big step forward" in the legal system.

"It'll better protect the rights of the suspects especially if they're less than 18 or first-time offenders. We want to save every juvenile," he said.

China has been adopting strict criminal policies since the 1980s to curb crime and gave provincial courts the authority in 1983 to pass death sentences in serious cases.

But the rapid social and economic development has made the government realize that it's not necessary to have strict policies for all types of crimes. And changes in the legal system have taken place gradually.

Vice-president of the Supreme People's Court, China's top court, Cao Jianming made it clear at a national high court presidents' conference last month that within the scope of the law judges should hand down shorter sentences to minors and first-time offenders.

As an example an offender could be jailed for three to four years if the law says the nature of the crime demands three to seven years' prison.

Last month the top court took back the right to review and take a final decision on death sentence cases and urged judges across the country to exercise "extreme caution" if passing the death penalty.

But not everyone will be treated with mercy. The top procuratorate's document says suspects in serious criminal cases that threaten public security will continue to receive harsh sentences. Such crimes include murder, rape and arson. Economic crimes, including the infringement of intellectual property rights, also fall into the category.

Those instigating mass violence with malicious intent and corrupt officials who take bribes or embezzle property are also among those who'll face severe punishment, the document says.

Tong said the number of crimes in China was still high and it was necessary to remain strict with serious criminals to maintain social stability.

Ministry of Public Security figures show police handled 4.19 million criminal cases in the first 11 months of last year. This is almost the same as the corresponding period of 2005.

(China Daily February 2, 2007)