Article 235 The death penalty shall be approved by the Supreme People's Court.
Article 236 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 237 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 238 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 239 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 240th 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.
The Supreme People's Court's Notice on Authorizing the Higher People's Court and the PLA Military Court to Approve Some Death Penalty Cases stipulates that the criminal law is divided into Chapter II (crimes against public security), Chapter IV (crimes against citizens' personal rights and democratic rights), Chapter V (crimes against property), Chapter VI (crimes against social management order), Chapter VII (crimes against national defense interests) and Chapter X (crimes against national defense interests). Provided by China Criminal Defense Network.
The Supreme People's Court informed Yunnan, Guangdong, Guangxi Zhuang Autonomous Region, Sichuan, Gansu and Guizhou provinces to approve the death penalty for some drug crimes.
On June 65438+1 October1day, 2007, the Supreme Court reverted the delegated power of death penalty review to the Supreme People's Court, and added three death penalty review courts on the basis of the original Criminal Division I and Criminal Division II. Three criminal courts, four criminal courts and five criminal courts. Responsible for the review of death penalty cases throughout the country.
Legal basis: Article 247 of the Criminal Procedure Law of People's Republic of China (PRC). 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.