The probability of revision of death sentence depends on whether the facts of the case identified by the people's court are wrong.
The death penalty review system is a system for reviewing and approving death penalty judgments and rulings, including the review procedure for cases of immediate execution of death penalty and the review and approval for cases of suspension of execution of death penalty for two years. The death penalty review system is embodied in the death penalty review procedure, including the application, review and approval of death penalty cases.
In China's criminal proceedings, including trial, first instance, second instance and retrial, corresponding time limits have been set. Only the death penalty review procedure has no time limit. The review of death penalty is a special procedure, and how long it takes is not clearly stipulated in the Criminal Procedure Law, nor is it clearly stipulated in the judicial interpretation in the Supreme People's Court.
In judicial practice, the review period of death penalty can be long or short, depending on the case, which is decided by the Supreme People's Court. According to the statistics of lawyers in Ma Yongshun, in judicial practice, the review time of major sensitive cases by the Supreme Court is very short, some less than one month, the review procedure of death penalty usually takes more than two months, and the approval of individual cases takes several years.
There are two situations in which the death penalty review case is changed:
1, "If the applicable law is wrong, or the sentence is improper, the sentence shall be revised", that is, if the crime is found to be wrong, the sentence shall be revised; Even if the name of the conviction is accurate, the sentence will be changed if it is too light or too heavy.
2. "If the facts in the original judgment are unclear or the evidence is insufficient", the judgment may be revised after the facts are ascertained. (It can also be sent back for retrial)
Under what circumstances can the death penalty be suspended?
The crime should be sentenced to death, but it has legal circumstances of lighter or mitigated punishment. Statutory circumstances of lighter or mitigated punishment refer to various factual situations that must be considered when sentencing in the general and specific provisions of criminal law. However, there are three main types related to the application of the death penalty:
1, the crime is extremely serious, but it belongs to a person with incomplete criminal responsibility. Paragraph 3 of Article 18 of the Criminal Law stipulates that a mental patient who cannot fully identify or control his behavior may commit a crime with a lighter or mitigated punishment, and generally should be sentenced to death with a suspended sentence.
2. The crime is extremely serious, but it is an attempted crime. Article 23 of the Criminal Law stipulates that the attempted offender may be given a lighter or mitigated punishment.
The crime was extremely serious, but the criminal surrendered himself. Article 67 of the Criminal Law stipulates that those who surrender themselves may be given a lighter or mitigated punishment.
Legal basis:
Criminal law of the people's Republic of China
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.