2nd Class reverses previous decision after reform in the criminal legislation of China and evaluates that the rights of the extradited will be guaranteed
Unanimously, the 2nd class of the Federal Supreme Court accepted an appeal and authorized the extradition of Chinese Zhifeng Tan, sought by his country to respond to the case for alleged falsification of tax information.
The collegiate filed a decision of August 2024, in which he had denied extradition. At the time, it was understood that there was the possibility of Zhiping to receive a death penalty or life imprisonment, prohibited in Brazil, and he could not have his respectful fundamental rights and guarantees. However, in the face of information that China’s criminal and criminal criminal law underwent an important reform, the class was filed with the Chinese government and authorized the delivery of the citizen.
Among the advances in Chinese legislation, the rapporteur of extradition, Minister Edson Fachin, stressed that the Code of Criminal Procedure of the Popular Republic of China, promulgated in 2018, establishes humanitarian rules of provisional freedom and house arrest. It also establishes the revision of all trial with death penalty by the Supreme Popular Court, in addition to the invalidation of evidence obtained by illicit means, including torture.
Another evolution cited is that China’s criminal legislation abolished the death penalty in relation to 13 economic crimes. With this change, the period of serving the penalty applicable to the crime by which Zhifeng responds will be 3 to 10 years.
The decision was made at the Virtual Session of the 2nd Panel of the STF, closed on March 11, 2025.
With information from.
