The Scope of Wrongful Convictions

There is no international consensus as to what constitutes a “wrongful conviction”. The scope of wrongful convictions is contested, with different fields of academic study and different countries adopting different definitions. This multiplicity of definitions exists within the People’s Republic of China (PRC or China). The question of what makes convictions wrongful involves issues of law and practice at the domestic and international levels, as well as the values underlying various criminal justice systems, which have been debated for decades throughout the world. This chapter on the scope of wrongful convictions will begin with an overview of the general definitions of wrongful convictions that may apply to or influence any criminal justice systems in law or in practice. Next, it will proceed to review potential definitions of such convictions in China and will further examine the different understandings of some of major western countries. The core values of diverse justice systems will then be explored to re-evaluate the balance between crime control and due process. As a member of the United Nations’ Human Rights Council (UNHRC), China should take particular care to ensure that it completely fulfills its due international human rights obligations. The chapter will therefore conclude by explaining how China can better articulate the scope of wrongful convictions as part of its long march towards the rule of law.