In judicial practice, for major sensitive cases, the Supreme Court’s review time is very short, some less than a month. Under normal circumstances, the death penalty review process takes more than two months, and some cases even require It will take several years to be approved.
According to Article 246 of the Criminal Procedure Law, the death penalty shall be approved by the Supreme People’s Court.
Article 247 stipulates: If the defendant does not appeal in a first-instance case where the Intermediate People's Court sentences the death penalty to death, the case shall be reviewed by the Higher People's Court and submitted to the Supreme People's Court for approval.
If the Higher People’s Court has objections to the death penalty, it can remand the case for retrial.
In first-instance cases where the Higher People's Court sentences the death penalty, the defendant does not appeal. In second-instance cases where the death penalty is imposed, the defendant must submit it to the Supreme People's Court for approval.
Legal Basis
Article 246 of the Criminal Procedure Law, the death penalty shall be approved by the Supreme People’s Court.
Article 247: If the defendant does not appeal in a first-instance case where the Intermediate People's Court sentences the death penalty to death, the case shall be reviewed by the Higher People's Court and submitted to the Supreme People's Court for approval.
If the Higher People’s Court has objections to the death penalty, it can remand the case for retrial.