1. judgment of first instance: in criminal cases, once the defendant is sentenced to death by a first-class court, the defendant can appeal;
2. Appeal hearing: After the defendant appeals, it will be heard by the second-level court. The secondary court may review the judgment of first instance and make its own judgment;
3. Retrial procedure: If the defendant refuses to accept the judgment of the second instance, he may apply to the Supreme Court for retrial. The Supreme Court will hear the case, review the judgment of the second instance and make a final judgment;
4. Review procedure: When the Supreme Court reviews a death penalty case, it is generally heard by a collegiate panel composed of the Supreme People's Court. The collegial panel is composed of several judges, and conducts a comprehensive review of the case, including evidence and application of the law.
5. Review result: The Supreme Court will make a final judgment after the review. A judgment may uphold, revise or revoke the original judgment, and decide whether to execute the death penalty according to the circumstances.
The execution process of the death penalty usually includes the following steps:
1, trial judgment: In a criminal case, the defendant was sentenced to death after trial. This usually goes through a series of court procedures, including hearings, debates and evidence investigations.
2. Effective judgment: Effective judgment means that the judgment becomes final after the appeal period has passed and has not been appealed or the appeal has been rejected;
3. Execution order: After the judgment takes effect, the court will issue an execution order authorizing the execution of the death penalty;
4. Specify the time and place of execution: the executing organ will arrange the specific time and place of execution according to the order of execution;
5. Notify family members and lawyers: the executing organ shall notify the family members and lawyers of the defendant, and inform them of the execution time and place;
6. Preparation and safety inspection: the executing organ prepares and inspects the execution site to ensure the safe and smooth execution process;
7. Execution: The executioner executes the death penalty at the designated execution time and place. The specific execution methods vary according to the laws and regulations of countries and regions, which may include lethal injection, shooting, hanging, etc.
8. Relevant reports and records: After the implementation, the executing organ will fill in relevant reports and records, including the details of the implementation process and the testimony of relevant witnesses.
To sum up, the review of death penalty is a special trial procedure followed by the people's court in reviewing cases sentenced to death. There are two types of death penalty review procedures, one is the case of immediate execution of death penalty, and the other is the case of two-year suspension of execution of death penalty. Cases of immediate execution of the death penalty will be automatically reported to the Supreme Court within 10 days, and will be approved by the review court composed of three judges of the Supreme Court. The defendant must be asked during the examination and approval, and the principle of comprehensive examination will be adopted during the examination and approval. If the Supreme Court directly approves the death penalty, the President of the Supreme Court shall issue a death penalty order and submit it to the people's court of first instance for execution. In cases where the execution of the death penalty is suspended for two years, the approval courts are the High Court and the PLA Military Court, and other procedures are the same as those in cases where the death penalty is executed immediately.
Legal basis:
Article 200 of the Criminal Procedure Law of People's Republic of China (PRC).
After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgment after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Article 20 1
When the people's court makes a judgment in accordance with the law, it shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.
Article 202
The announcement of the judgment shall be made in public.
If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.