Section 5 Death Penalty
Article 48 The death penalty is only applicable to criminals who have committed 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.
Except for death sentences imposed by the Supreme People's Court in accordance with the law, the death penalty 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.
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Criminal Procedure Law = = = = = = = = = = = = = = = =
Criminal Procedure Law= Article 1 Defendants, private prosecutors and their legal representatives who are dissatisfied with the first-instance judgments and rulings of local people's courts at various levels have the right to appeal in writing or orally to the people's court at the next higher level. The defendant's defender and close relatives may appeal with the defendant's consent.
Parties involved in incidental civil litigation and their legal representatives may appeal against the incidental civil litigation part of the first-instance judgments and rulings of local people's courts at all levels.
Chapter 4 Death Penalty Review Procedure
Article 199 The death penalty shall be approved by the Supreme People's Court.
Article 200: If the defendant does not appeal in a first-instance case where the Intermediate People's Court sentences the death penalty to death, 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 where the Higher People's Court sentences the death penalty, the defendant does not appeal. In second-instance cases where the death penalty is imposed, the defendant must submit it to the Supreme People's Court for approval.
Article 201: Cases in which the Intermediate People’s Court imposes a two-year suspended sentence on death penalty shall be approved by the Higher People’s Court.
Article 202: Death penalty cases reviewed by the Supreme People's Court and cases reviewed by the Higher People's Court suspending execution of the death penalty shall be conducted by a collegial panel composed of three judges.
Chapter 5 Trial Supervision Procedures
Article 203: The parties, their legal representatives, and close relatives may file a lawsuit with the People's Court or the People's Court against a legally effective judgment or ruling. The People's Procuratorate files an appeal, but the execution of the judgment and ruling does not stop.
Article 204: If the complaint filed by the parties, their legal representatives, or close relatives falls under any of the following circumstances, the people's court shall retry it:
(1) There is new evidence Proving that the facts determined in the original judgment or ruling are indeed erroneous;
(2) The evidence on which the conviction and sentencing is based is unreliable or insufficient, or there is a contradiction between the main evidence to prove the facts of the case;
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(3) The original judgment or ruling in the application of the law is indeed erroneous;
(4) The judge has committed corruption, accepted bribes, engaged in malpractice for personal gain, or violated the law.
Article 205: If the president of the people's court at all levels discovers an error in determining facts or applying law in a legally effective judgment or ruling, he must submit it to the judicial committee for processing.
The Supreme People's Court has the power to remand or instruct the lower people's court to retry the legally effective judgments and rulings of the people's courts at all levels. If the superior people's court finds that there is an error, it has the right to remand or instruct the lower people's court to retry the judgments and rulings that have become legally effective. The People's Court retried the case.
If the Supreme People's Procuratorate discovers that there are errors in the legally effective judgments or rulings of the people's courts at any level, it has the right to lodge a protest with the people's court at the same level in accordance with the trial supervision procedures. The People's Procuratorate at the higher level has the right to follow the trial supervision procedures. File a protest with the People's Court at the same level.
In cases where the People's Procuratorate files a protest, the People's Court that accepts the protest shall form a collegial panel for retrial. If the facts in the original judgment are unclear or the evidence is insufficient, the lower people's court may be ordered to retry the case.
Article 206: When a people's court re-trials a case in accordance with trial supervision procedures, it shall form a separate collegial panel. If the facts prove that it is a first-instance case, it shall be tried in accordance with the first-instance procedures, and the judgment or ruling may be appealed or protested; if it is a second-instance case, or a case heard by a superior people's court, it shall be conducted in accordance with the second-instance procedures. Judgment, judgment and ruling are final.
Article 207: A case retried by the people's court in accordance with the trial supervision procedures shall be concluded within three months from the date of the decision on arraignment or retrial. If the time limit needs to be extended, it shall not exceed six months.
The people's court that accepts the protest shall hear the protest case in accordance with the trial supervision procedures, and the trial period shall be governed by the provisions of the preceding paragraph; if it is necessary to instruct the lower people's court to retrial, it shall make a decision within one month from the date of accepting the protest. The provisions of the preceding paragraph shall apply to the time limit for hearing cases in the People's Court.
Part 4: Implementation Route
Article 208: Judgments and rulings shall be executed after they become legally effective.
The following judgments and rulings become legally effective:
(1) Judgments or rulings without appeal or protest within the statutory time limit;
(2) Final judgments and ruling;
(3) The death penalty approved by the Supreme People's Court and the death penalty approved by the Higher People's Court are suspended for two years.
Article 209: If the people's court of first instance decides that the defendant is not guilty and is exempt from criminal punishment, the defendant shall be released immediately after the verdict is pronounced.
Article 210 A judgment of immediate execution of a death sentence sentenced and approved by the Supreme People's Court shall be issued by the President of the Supreme People's Court.
For criminals who have been sentenced to death with a two-year suspension of execution, if they have not intentionally committed a crime during the period of suspension of execution, their sentences shall be reduced. The execution agency shall submit a written opinion and submit it to the Higher People's Court for ruling; if the intentional crime is verified to be true, If the death penalty should be carried out, the Higher People's Court shall submit it to the Supreme People's Court for approval.
Article 211: After receiving an order from the Supreme People's Court to execute the death penalty, the lower people's court shall hand it over for execution within seven days. However, if one of the following circumstances is discovered, execution shall be suspended and the Supreme People's Court shall be reported immediately for a ruling by the Supreme People's Court:
(1) Before execution, it is discovered that the judgment may be erroneous;
(2) The criminal discloses major criminal facts or performs other major meritorious services before execution, and may need to change his sentence;
(3) The criminal is pregnant.
After the reasons for suspending execution in Items 1 and 2 of the preceding paragraph disappear, it must be submitted to the President of the Supreme People's Court for approval before execution can be carried out; if execution is suspended due to the reasons listed in Item 3 of the preceding paragraph, the execution shall Report to the Supreme People's Court for review in accordance with the law.
Article 212: Before handing over the death penalty for execution, the People's Court shall notify the People's Procuratorate at the same level to send personnel to provide on-site supervision.
The death penalty is carried out by shooting or injection.
The death penalty can be carried out at the execution ground or in a designated detention place.
The judge who directs the execution must identify the criminal, ask him if he has any last words or suicide note, and then hand it over to the executioner for execution. Before execution, if possible errors are discovered, execution shall be suspended and submitted to the Supreme People's Court for ruling.
Executions should be announced, not made public.
After the death penalty is executed, the on-site clerk should prepare a transcript. The people's court that commits the execution shall report the execution status of the death penalty to the Supreme People's Court.
After the death penalty is executed, the people's court that handed it over for execution shall notify the criminal's family.
Article 213: When a criminal is handed over for execution, the people's court that handed him over for execution shall deliver the relevant legal documents to the prison or other execution agency.
Criminals sentenced to death with a two-year suspended execution, life imprisonment, or fixed-term imprisonment shall be detained by the public security organs for execution. For criminals sentenced to fixed-term imprisonment, if the remaining term of the sentence before transfer is less than one year, the detention center will execute the sentence on their behalf. Criminals sentenced to criminal detention shall be executed by the public security organs.
Juvenile offenders should be punished in juvenile correctional facilities.
The execution agency shall promptly take the criminal into custody and notify the criminal’s family.
For criminals who have been sentenced to fixed-term imprisonment or short-term detention, when the execution period expires, the execution agency will issue a release certificate.
Article 214: Criminals who are sentenced to fixed-term imprisonment or criminal detention may be temporarily served outside prison under any of the following circumstances:
(1) There are serious Those whose illnesses require medical parole;
(2) Women who are pregnant or breastfeeding their babies.
Criminals who are released on medical parole may be dangerous to society, or criminals who injure themselves may not be released on medical parole.
If a criminal suffers from a serious disease and must be released on medical parole, a certificate shall be issued by a hospital designated by the provincial people's government and shall be reviewed and approved in accordance with the procedures prescribed by law.
If it is discovered that a criminal who is released on medical parole does not meet the conditions for medical release on medical parole, or seriously violates the regulations on medical release on medical parole, he shall be taken to prison promptly.
Criminals who are sentenced to fixed-term imprisonment or short-term detention and cannot take care of themselves can temporarily serve their sentences outside prison as long as they do not endanger society.
Convicts who are temporarily serving their sentence outside prison shall be executed by the public security organs of the place of residence. The execution agency shall strictly manage and supervise the sentence, and grassroots organizations or the criminal's original unit shall provide assistance.
Article 215: The authority that approves temporary execution of sentence outside prison shall send a copy of the approval decision to the People's Procuratorate. If the People's Procuratorate believes that temporary execution of sentence outside prison is inappropriate, it shall send its written opinions to the agency that approved temporary execution of sentence outside prison within one month from the date of receipt of the notice. The agency that approved temporary execution of sentence outside prison shall receive the notice from the People's Procuratorate. The decision should be reviewed immediately after the written opinion is given.
Article 216: After the temporary execution of sentence outside prison disappears, criminals whose sentence has not yet expired shall be promptly returned to prison.
If a criminal dies while serving his sentence outside prison, the prison shall be notified promptly.
Article 217: Criminals who have been sentenced to probation shall be handed over by the public security organs to their units or grassroots organizations for investigation.
Paroleed criminals shall be supervised by the public security organs during the parole trial period.
Article 218: Criminals who are sentenced to public surveillance or deprived of political rights shall be executed by the public security organs. Upon expiration of the execution period, the execution agency shall notify the individual and announce to the relevant personnel the lifting of controls or the restoration of political rights.
Article 219 If a criminal who is sentenced to a fine fails to pay the fine upon expiration, the fine shall be enforced by the people's court; if it is really difficult to pay due to force majeure disasters, the fine may be reduced or reduced.
Article 220: Judgments for confiscation of property, whether applied additionally or independently, shall be executed by the People's Court; when necessary, they may be executed in conjunction with the public security organs.
Article 221: If a criminal commits another crime while serving his sentence, or if a crime is discovered that was not discovered during the judgment, the execution agency shall transfer the crime to the People's Procuratorate for handling.
If a criminal who has been sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment has truly repented or performed meritorious service during the execution period, and should have his sentence commuted or paroled according to law, the execution agency shall make recommendations and submit them to the People's Court for review and ruling.
Article 222: If the People’s Procuratorate believes that the People’s Court’s ruling on commutation or parole is inappropriate, it shall submit written correction opinions to the People’s Court within 20 days after receiving a copy of the ruling. After receiving the corrective opinions, the People's Court shall re-form a collegial panel within one month to conduct a hearing and make a final ruling.
Article 223. During the execution of a sentence, if the prison or other execution agency believes that the judgment is wrong or the criminal files a complaint, it shall transfer it to the People's Procuratorate or the People's Court that originally pronounced the sentence.
Article 224: The People’s Procuratorate shall supervise whether the execution agencies’ activities in executing penalties are legal. If any illegal behavior is discovered, the enforcement agency shall be notified to correct it.
Chapter 5 Trial Supervision Procedures
Article 203: The parties, their legal representatives, and close relatives may file a lawsuit with the People's Court or the People's Court against a legally effective judgment or ruling. The People's Procuratorate files an appeal, but the execution of the judgment and ruling does not stop.
Article 204: If the complaint filed by the parties, their legal representatives, or close relatives falls under any of the following circumstances, the people's court shall retry it:
(1) There is new evidence Prove that the facts determined in the original judgment or ruling are indeed erroneous;
(2) The evidence on which the conviction and sentencing is based is unreliable or insufficient, or there is a contradiction between the main evidence to prove the facts of the case;
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(3) The original judgment or ruling in the application of the law is indeed erroneous;
(4) The judge has committed corruption, accepted bribes, engaged in malpractice for personal gain, or violated the law.
Article 205: If the president of the people's court at all levels discovers an error in determining facts or applying law in a legally effective judgment or ruling, he must submit it to the judicial committee for processing.
The Supreme People's Court has the power to remand or instruct the lower people's court to retry the legally effective judgments and rulings of the people's courts at all levels. If the superior people's court finds that there is an error, it has the right to remand or instruct the lower people's court to retry the judgments and rulings that have become legally effective. The People's Court retried the case.
If the Supreme People's Procuratorate discovers that there are errors in the legally effective judgments or rulings of the people's courts at any level, it has the right to lodge a protest with the people's court at the same level in accordance with the trial supervision procedures. The People's Procuratorate at the higher level has the right to follow the trial supervision procedures. File a protest with the People's Court at the same level.
In cases where the People's Procuratorate files a protest, the People's Court that accepts the protest shall form a collegial panel for retrial. If the facts in the original judgment are unclear or the evidence is insufficient, the lower people's court may be ordered to retry the case.
Article 206: When the people's court re-trials a case in accordance with the trial supervision procedures, it shall form a separate collegial panel. If the facts prove that it is a first-instance case, it shall be tried in accordance with the first-instance procedures, and the judgment or ruling may be appealed or protested; if it is a second-instance case, or a case heard by a superior people's court, it shall be conducted in accordance with the second-instance procedures. Judgment, judgment and ruling are final.
Article 207: A case retried by the people's court in accordance with the trial supervision procedures shall be concluded within three months from the date of the decision on arraignment or retrial. If the time limit needs to be extended, it shall not exceed six months.
The people's court that accepts the protest shall hear the protest case in accordance with the trial supervision procedures, and the trial period shall be governed by the provisions of the preceding paragraph; if it is necessary to instruct the lower people's court to retrial, it shall make a decision within one month from the date of accepting the protest. The provisions of the preceding paragraph shall apply to the time limit for hearing cases in the People's Court.
Article 210 A judgment of immediate execution of a death sentence sentenced and approved by the Supreme People's Court shall be issued by the President of the Supreme People's Court.
For criminals who have been sentenced to death with a two-year suspension of execution, if they have not intentionally committed a crime during the period of suspension of execution, their sentences shall be reduced. The execution agency shall submit a written opinion and submit it to the Higher People's Court for ruling; if the intentional crime is verified to be true, If the death penalty should be carried out, the Higher People's Court shall submit it to the Supreme People's Court for approval.
Article 211: After receiving an order from the Supreme People's Court to execute the death penalty, the lower people's court shall hand it over for execution within seven days. However, if one of the following circumstances is discovered, execution shall be suspended and the Supreme People's Court shall be reported immediately for a ruling by the Supreme People's Court:
(1) Before execution, it is discovered that the judgment may be erroneous;
(2) The criminal discloses major criminal facts or performs other major meritorious services before execution, and may need to change his sentence;
(3) The criminal is pregnant.
After the reasons for suspending execution in Items 1 and 2 of the preceding paragraph disappear, it must be submitted to the President of the Supreme People's Court for approval before execution can be carried out; if execution is suspended due to the reasons listed in Item 3 of the preceding paragraph, the execution shall Report to the Supreme People's Court for review in accordance with the law.