China's criminal law has strict restrictions on the objects to which the death penalty can be applied. Women who were under the age of 65,438+08 at the time of the crime and were pregnant at the time of trial are not subject to the death penalty. The so-called "pregnant woman at trial" means that the defendant was pregnant at the time of trial by the people's court, including women who were pregnant at the time of pretrial detention. For pregnant women, whether in custody or during trial, abortion should not be performed in order to be sentenced to death; Those who have induced abortion should still be regarded as pregnant women at the trial, and the death penalty cannot be applied.
However, if the perpetrator committed a criminal act during pregnancy and was not found for a while, and was taken into custody for trial after the birth or miscarriage of the fetus, it should not belong to "a woman who was pregnant at the time of trial". If the crime she committed is extremely serious, the death penalty can be applied to her, including the application of a reprieve.
Article 49 of the Criminal Law of People's Republic of China (PRC) * * * People under the age of 18 at the time of committing the crime and women who were pregnant at the time of trial shall not be subject to the death penalty.
Extended data:
China's criminal policy has always advocated not abolishing the death penalty, but we must insist on killing less and prohibiting indiscriminate killing. The application of the death penalty is strictly restricted and does not apply to the following two situations:
1. Minors who were dissatisfied at the time of committing the crime 18. Minors' physical and mental development is immature and their social experience is limited. From the perspective of fully embodying the protection of young people and humanitarianism, it is stipulated that the death penalty is not applicable to minors under the age of 18, including not applying the death penalty and suspending execution for two years. Whether you reach the age of 18 is the age limit for deciding whether to apply the death penalty. In judicial practice, the full age should be calculated according to the Gregorian calendar year, month and day, and it must be considered as 18 years old from the day after the birthday.
2. The death penalty does not apply to women who are pregnant at the time of trial. This is mainly due to humanitarian considerations, and it is not possible to deprive the fetus of the right to bear children because of the mother's crime. "Women who are pregnant at trial" refers to women who are pregnant when the defendant is tried by the people's court, including those who are pregnant when they are detained before trial. Therefore, a pregnant woman who commits a crime, whether her pregnancy violates the national family planning policy, whether it is spontaneous abortion or induced abortion, and the length of time after abortion, should be regarded as a pregnant woman under trial, and the death penalty cannot be applied.
The death penalty should not be applied to people who were under the age of 18 at the time of committing the crime and women who were pregnant at the time of trial, even if the crimes committed by these two types of people are extremely serious.
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China People's Congress Network-People's Republic of China (PRC) and China Criminal Law