Chinese criminal law provides for the death penalty
Created:
/Author:
Aaron Lewis
Write in the criminal law, the relevant law article summed up the death penalty.
One, general provisions
Article forty-eighthThe death penalty criminals in the most serious offense.Who should be sentenced to death, if immediate execution is not essential, may be announced at the same time with two years reprieve sentenced to death.
The death penalty except for judgments made by the Supreme People's court in accordance with the law, should be submitted to the approval of the Supreme People's court.Death sentence with a reprieve, may be decided or approved by a higher people's court.
Article forty-ninthThe time when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty.
At the time of trial has attained the age of seventy-five years, the application of the death penalty, but by especially cruel means death caused exception.
Article fiftiethSentenced to death with a two-year suspension of execution, the execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to twenty-five years in prison; if the intentional crime, verification, approval by the Supreme People's court, execution.
To be sentenced to death with a two-year suspension of execution, a criminal element sentenced to recidivism of death sentence with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, the people's court according to the circumstances of the crime and so can also decided on the commutation limit.
Article fifty-firstDuring the period of suspension of execution of death penalty, calculated from the date of the judgment.Suspension of execution to fixed-term imprisonment is counted from the death sentence with a reprieve, expiration date.
Two, specific provisions
The criminal law amendment (eight) cancel13A non violent economic crime death penalty.Specific include: the crime of smuggling cultural relics, the crime of smuggling precious metals, precious, precious animal products animal smuggling crime, crime of smuggling ordinary goods,, the bills defraud crime, crime of financial certificate fraud, crime of fraud on letter of credit, making out special invoices for value-added tax, for export rebates, tax invoices, forges, sells counterfeit value-added tax invoice crime, the crime of theft, crime of imparting criminal methods, robbing ancient cultural sites, ancient tombs sin, robbing ancient human fossils, ancient vertebrate fossils of sin.
So far, our original68Death penalty charges, in2011Years5Month1On the criminal law amendment (eight) after the implementation, has been reduced to55A, respectively:
(6) for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets or intelligence crime (article111A);