A computer software system, which helps judges determine sentences in criminal cases in east China's Shandong Province continues to stir debate.

"Each criminal sentence has its own peculiarities and requires human judgment. If computer systems are used to pass sentences, judges might become mere craftsman using tools", said Wei Zhensheng, lawyer with Beijing Zhongtong lawyer office.

"Judges should always be the decision-maker in court, and computer programs should only be used to assist a judge's work," the Beijing News quoted Shao Wenhong, an official with China's Supreme Court, as saying.

The computer system, jointly written by two software companies and the Zichuan District Court in Shandong Province, contains a database of laws, legal precedents and judicial interpretations based on more than 7,000 cases that were heard between 2001 and 2005. Two thousand of the cases were heard in local district courts.

Judges type in the details of a case and within a minute the computer system will provide a suggestion on the length of a sentence. Judges still have the discretion to adjust the sentence based on their own understanding of the particular case.

The software system has been used in 1,500 criminal cases and none of those who were sentenced has sought an appeal.

Zheng Feng, one of the judges in Zichuan District Court, showed how the program worked using the example of a case in which four people were assaulted. When Zheng inputs "provoke a fight" and the computer provides the advice: "basic sentence should be six months if two people are injured... when more than two people are injured, the accused should receive an additional three months for each victim." This provides a recommended sentence of 12 months. Then Zheng types in "the accused has no previous crime record and paid compensation to the victims", the computer advises, "commute one to two months".

Finally the panel of judges decides to impose a jail term of 11-months.

Man Zhiqiang, vice president of Zichuan District Court, defended the computer program, saying it only serves as a reference for judges and "the judge is the most important person in court."

"The judge does more than pass sentences in court, he or she has other important duties including authenticating facts and evidence," said Man, adding that the workload of judges has not been significantly reduced by the computer program.

Local judges say the software is "helpful", saving time and preventing manipulation or interference in cases.

"We see the system as progress. However, we also realize that it is very difficult to pass sentences by relying solely on digital programs," said Wang Hongmei, a presiding judge with Zichuan District Court.

(Xinhua News Agency March 10, 2007)