Death penalty review is a special trial procedure followed by the People's Court to review cases where the death penalty is imposed. Criminal procedure in my country is divided into ordinary procedures and special procedures. General criminal cases (mainly public prosecution cases) generally go through filing, investigation, prosecution, first-instance procedures, second-instance procedures and execution procedures, which are ordinary procedures. In addition, cases where the death penalty is imposed must go through a special review and approval process; when an error is found in a legally effective judgment or ruling, it can be corrected through the trial supervision process, which is a special procedure. The death penalty review procedure is different from ordinary procedures and other special procedures, especially its unique trial objects and the particularity of approval rights. Legal provisions on the death penalty review procedure: Article 235 The death penalty shall be approved by the Supreme People's Court. Article 236: If the defendant does not appeal in a first-instance case in which the Intermediate People's Court sentences the death penalty, the case 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 objections to the death penalty, it may remand the case for retrial. In first-instance cases in which the Higher People's Court sentences the death penalty, the defendant does not appeal. In second-instance cases in which the death penalty is sentenced, the defendant must submit it to the Supreme People's Court for approval. Article 237: Cases in which the Intermediate People's Court sentences a death sentence with a two-year suspension of execution shall be approved by the Higher People's Court. Article 238 The Supreme People's Court's review of death penalty cases and the High People's Court's review of death penalty suspended execution cases shall be conducted by a collegial panel composed of three judges. Article 239: When reviewing a death penalty case, the Supreme People's Court shall rule to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court may remand the case for retrial or change the sentence. Article 240: When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant, and the defense lawyer shall listen to his opinions in accordance with his request. The Supreme People's Procuratorate may submit opinions to the Supreme People's Court during the review process of death penalty cases. The Supreme People's Court shall notify 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 People's Liberation Army Military Court to Approval of Certain Death Penalty Cases" stipulates that the criminal law is divided into Chapter 2 (crime of endangering public security), Chapter 4 (crime of infringement of citizens' personal rights and democratic rights), Chapter 5 Chapter (crime of infringement of property), Chapter Six (crime of disrupting social management order; except for drug crimes), Chapter Seven (Crime of endangering national defense interests) and Chapter 10 (Crime of endangering military duties), the right to approve cases sentenced to death Authorized by the Higher People's Court of provinces, autonomous regions and municipalities directly under the Central Government and the Military Court of the People's Liberation Army. The Supreme People's Court notified Yunnan Province, Guangdong Province, Guangxi Zhuang Autonomous Region, Sichuan Province, Gansu Province, and Guizhou Province to approve the death penalty for some drug crimes. On June 65, 2007 + October 1, 2007, the Supreme Court returned the devolved death penalty review power to the Supreme People's Court, and established three additional death penalty review tribunals on the basis of the original First Criminal Court and Second Criminal Court. Three criminal courts, four criminal courts and five criminal courts. Responsible for the review of death penalty cases across the country.
Legal objectivity:
Article 48 of the "Criminal Law of the People's Republic of China" applies only to criminals with extremely serious crimes. For criminals who should be sentenced to death, if the execution is not necessary immediately, the death penalty can be sentenced with a two-year suspension. Unless the death penalty is sentenced by the Supreme People's Court in accordance with the law, it must be submitted to the Supreme People's Court for approval. If the death penalty is suspended, it may be decided or approved by the Higher People's Court. Article 49 of the "Criminal Law of the People's Republic of China" * * * The death penalty shall not apply to persons under the age of 18 when the crime was committed and to women who were pregnant at the time of trial. The death penalty does not apply to persons who have reached the age of seventy-five at the time of trial, unless death is caused by particularly cruel means.