Which court is under the jurisdiction of the death penalty review?

The Criminal Law of People's Republic of China (PRC) [2] stipulates that 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.

According to the Criminal Procedure Law of People's Republic of China (PRC), the death penalty is approved by the Supreme People's Court.

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.

Cases 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.

Zongheng Law Network-Guangdong Decheng Law Firm-Lawyer Zhu Gui