On December 16, 2011, the Jining Intermediate People's Court issued a (2011) criminal incidental civil judgment, finding the defendant Gao Han guilty of intentional homicide and illegal possession of firearms, and sentenced him to death with a two-year suspended sentence. execution and deprivation of political rights for life. Zoucheng Prison in Shandong Province proposed a commutation proposal, saying that the criminal Gao Han did not commit any intentional crime during the two-year suspended execution of his death sentence, and recommended a commutation of his sentence.
After trial, it was found that the criminal Gao Han was guilty of intentional homicide and illegal possession of firearms. He was sentenced to death with a two-year suspended sentence and deprived of political rights for life. The reprieve of execution has expired.
During the execution process, criminals can plead guilty, obey the law, abide by the law, and actively participate in study and productive labor. Gao Han did not commit any intentional crime during the two-year suspended execution of his death sentence and his sentence should be commuted.
If a person is sentenced to death with a suspended execution in accordance with Article 50 of the Criminal Law of the People's Republic of China, and if no intentional crime is committed during the period of suspended execution, the sentence shall be commuted to life imprisonment after the expiration of two years; if there is indeed a major meritorious service, the sentence shall be reduced to life imprisonment. After the expiration of the two-year period, the sentence shall be reduced to a fixed-term imprisonment of not less than fifteen years but not more than twenty years; if the crime is intentional and proven to be true, the death penalty shall be approved by the Supreme People's Court.
Article 250, Paragraph 2, of the Criminal Procedure Law of the People's Republic of China stipulates that a death sentence sentenced and approved by the Supreme People's Court shall be executed immediately, and shall be issued by the President of the Supreme People's Court. If a criminal who has been sentenced to death with a two-year suspension of execution has not committed an intentional crime during the period of suspension of execution, his sentence shall be reduced, and the execution agency shall submit a written opinion and submit it to the Higher People's Court for a ruling; if it is verified that the intentional crime has been committed and the death penalty should be executed, the higher People's Court shall The People's Court shall submit it to the Supreme People's Court for approval.