Legal basis: People's Republic of China (PRC) Criminal Law.
Article 48 The death penalty is only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension.
The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
Article 49 People under the age of 18 at the time of committing a crime and women who are pregnant at the time of trial are not subject to the death penalty.
The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.
Criminal Procedure Law of the People's Republic of China
Article 246 The death penalty shall be approved by the Supreme People's Court.
Article 247 In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal, it 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 any objection to the death penalty, it may send it back for retrial.
In the case of first instance where the Higher People's Court sentenced the death penalty, the defendant did not appeal, and in the case of second instance where the death penalty was imposed, it should be reported to the Supreme People's Court for approval.
Article 248 A case in which the intermediate people's court sentenced the death penalty with a two-year suspension of execution shall be approved by the higher people's court.
Article 249 The review of death penalty cases in the Supreme People's Court and cases with suspension of execution by the Higher People's Court shall be conducted by a collegial panel of three judges.
Article 250 When reviewing a death penalty case, the Supreme People's Court shall make a ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court can send it back for retrial or change the sentence.
Article 251 When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant, and the defense lawyer shall listen to his opinions according to his requirements.
In the process of reviewing death penalty cases, the Supreme People's Procuratorate can put forward opinions to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the results of the death penalty review.