Who approves the death penalty?

Supreme People's Law School.

Cases sentenced to death for immediate execution shall be approved by the Supreme People's Court, and the approval power of some cases may be exercised by the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government authorized by the Supreme People's Court.

The Supreme People's Court approved the death penalty cases:

1. In the case of first instance where the Intermediate People's Court sentenced the death penalty, the defendant did not appeal and the People's Procuratorate did not protest. In this case, the intermediate people's court shall report to the higher people's court for review within 3 days after the expiration of the appeal or protest. If the Higher People's Court agrees to be sentenced to death, it shall make a ruling agreeing to be sentenced to death, and then report it to the Supreme People's Court for approval; If the higher people's court has any objection to the death penalty, it shall directly send it back to the people's court that originally tried it for retrial. No appeal or protest shall be allowed for a case that has been commuted by the Higher People's Court. Those who are still sentenced to death after arraignment shall be reported to the Supreme People's Court for approval. If the Higher People's Court remands the people's court that originally tried the case for retrial, the people's court that originally tried the case shall try it in accordance with the procedure of first instance, and the judgment made is still the judgment of first instance, and it may appeal or protest. If the people's court that originally tried the case is still sentenced to death after retrial, it must also report to the Supreme People's Court for approval.

2. In the case of first instance where the intermediate people's court sentenced the death penalty, the defendant appealed or the people's procuratorate protested, the intermediate people's court shall transfer the case to the higher people's court for trial. If the Higher People's Court agrees to impose the death penalty, it must report to the Supreme People's Court for approval.

3. In the case of first instance in which the higher people's court sentenced the death penalty, the defendant did not appeal and the people's procuratorate did not protest. The higher people's court should report to the Supreme People's Court for approval within 3 days after the expiration of the appeal and protest.

4. In the case of first instance where the higher people's court sentenced the death penalty, the defendant appealed or the people's procuratorate protested, the higher people's court shall transfer the case to the Supreme People's Court for trial.