When is the time limit for suspension of execution of death penalty more appropriate? The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) Article 416th states that the period of suspension of execution of death penalty shall be counted from the date when the legal document approving the suspension of execution of death penalty is announced or served. If the death penalty should be commuted after the expiration of the suspended execution period, the people's court shall commute the sentence in time. If a death sentence is commuted to life imprisonment or fixed-term imprisonment after the expiration of the suspension of execution, the term of imprisonment shall be counted from the date of expiration of the suspension of execution. For a criminal sentenced to death with a two-year suspension of execution, the people's court (the people's court of first instance) that delivered the execution shall deliver the written judgment, ruling, copy of the indictment of the people's procuratorate, copy of the private prosecution, notice of execution of the people's court and the registration form for closing the case to the detention center in time, and the public security organ shall deliver the criminal to prison for execution. After receiving the judgment, ruling and execution notice of the people's court, the public security organ shall send the criminal to the prison for execution within the prescribed time limit. The receipt of the Notice of Execution of Judgments and Rulings is attached to the litigation file of the people's court after being sealed by the detention center. When the executing organ takes a criminal into custody, it has the right to detain him for examination. The contents of custody review include: (1) whether the judgment or ruling has become legally effective; (2) Whether the legal documents are complete and correct. Whether the prisoner has a serious illness and needs medical parole, whether he is pregnant or a woman who is nursing a baby, etc. For those who meet the conditions for detention, the executing organ shall take them into custody in time and notify the criminal's family. For those who do not meet the access conditions, the executing organ has the right to refuse access. If a prison refuses to accept criminals, it shall explain the reasons in writing, and the public security organ shall return the notice of execution to the people's court. If, after examination, the people's court considers that a criminal who has not been put in prison does not meet the conditions for temporary execution outside prison as stipulated in the Criminal Procedure Law, it shall decide to put the criminal in prison for execution, and send the written decision on execution of imprisonment to the public security organ and the prison respectively. If your question is complicated, our website also provides online consultation service for lawyers. You are welcome to come for legal consultation.
Legal objectivity:
Article 252 of the Criminal Procedure Law: Before the death penalty is delivered, the people's court shall notify the people's procuratorate at the same level to send personnel to be present for supervision. The death penalty is executed by shooting or injection. The death penalty can be executed in the execution ground or in a designated place of detention. The judge directing the execution should identify the criminal, ask him if he has any last words or suicide notes, and then hand them over to the executor for execution.