In judicial practice, the more important and sensitive the case, the shorter the review time of death penalty. This case has aroused widespread concern in society. Of course, it is a sensitive case, and the Supreme Court will definitely work overtime to shorten the review time, which means that the review will generally end within two months.
The second trial of the old Rong Zhi case will never be changed, because there can be no misjudgment of her crime. The second trial is just a kind of respect for people, not only old Rong Zhi, but anyone sentenced to death can appeal.
The Supreme Court shall review the death penalty by a collegial panel of three judges. Around the "seven articles", the collegial panel made three results: ruling recognition, revoking the original judgment for retrial and changing the judgment according to law.
If the collegial panel of the Supreme Court approves the death penalty and President the Supreme People's Court issues an order to execute the death penalty, the people's court at a lower level shall execute it within seven days after receiving the death penalty order, and the execution method shall be shot or injection.
Can an appeal against the death penalty case change the final result?
According to the provisions of the Criminal Procedure Law, regardless of the outcome of the case, the parties have the right to appeal against the effective judgment, that is, to ask the court to retry the case. However, this appeal cannot stop the execution of the original referee.
The reason is that the appeal of the parties does not necessarily start the retrial of the case. Only after the court determines that there are "factual errors", "insufficient evidence" or "procedural errors" will it decide to start the retrial, and then the original judgment may be stopped.
legal ground
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.