Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 259 Judgments and orders shall be executed after they become legally effective.
The following judgments and rulings take legal effect:
(a) there is no appeal or protest judgment or ruling within the statutory time limit;
(2) Final judgment and ruling;
(three) the death penalty approved by the Supreme People's Court and the death penalty approved by the Higher People's Court are suspended for two years.
Article 260 The people's court of first instance ruled that the defendant was innocent and exempted from criminal punishment. If the defendant is in custody, he shall be released immediately after the verdict is pronounced.
Article 261 the Supreme People's Court sentenced and approved the death penalty for immediate execution, and President the Supreme People's Court issued an order to execute the death penalty.
If a criminal sentenced to death with a two-year reprieve did not intentionally commit a crime during the reprieve, and his sentence should be commuted after the expiration of the reprieve, the executing organ shall put forward written opinions and submit them to the Higher People's Court for ruling; If the crime is intentional and the circumstances are bad and it is verified that the death penalty should be executed, the higher people's court shall report it to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.
Article 275 If a prison or other executing organ thinks that there is an error in the judgment or a prisoner files a complaint during the execution of the penalty, it shall refer it to the people's procuratorate or the people's court that originally pronounced the sentence for handling.
Article 276 The People's Procuratorate shall supervise whether the activities of the executing organs in executing criminal punishments are lawful. If an illegal act is found, it shall notify the executing organ to correct it.