What are the provisions of the Criminal Procedure Law on death penalty review cases?
The death penalty review procedure is a special trial procedure followed by the people's court when reviewing and approving death penalty cases.
The death penalty is a penalty that deprives criminals of their lives, and it is the most severe of all kinds of penalties stipulated in the criminal law, which is called capital punishment. On the one hand, the law of China regards the death penalty as a powerful weapon to fight crime and protect people, on the other hand, it emphasizes strict control of the application of the death penalty. Therefore, in addition to the restrictive requirement that the death penalty is not applicable to minors and pregnant women in the substantive law, the procedural law also stipulates a special examination and approval procedure-the death penalty review procedure.
Criminal procedure law
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.