Chinese criminal law provides for the death penalty

 

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:

1The crime of endangering national security (7A):

(1Betrayal of the state (article)102A);

(2The fission country crime (article)103A);

(3) armed rebellion, violence crime (article104A);

(4Turning traitor (a crime)108A);

(5Crime of espionage (article)110A);

(6) for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing state secrets or intelligence crime (article111A);

(7The enemy capital crimes (article)112A).

  

2The crime of endangering public safety (14A):

(1Arson (article)114Article, article115Article1Paragraph);

(2The crime (article) by water114Article, article115Article1Paragraph);

(3The crime explosion (the)114Article, article115Article1Paragraph);

(4Poison (a crime)114Article, article115Article1Paragraph);

(5Crime of throwing dangerous substance (article)114Article, article115Article1Paragraph);

(6) the crime of endangering public safety (article114Article, article115Article1Paragraph);

(7Crime of sabotaging power equipment (part)118Article, article119Article1Paragraph);

(8) crime of combustible or explosive equipment (article118Article, article119Article1Paragraph);

(9Crime of hijacking aircraft (the)121A);

(10Illegally manufacturing, trading, transportation), mail, storage of firearms, ammunition, explosives (the crime125Article1Paragraph);

(11The illegal trade), transportation of nuclear materials (the crime125Article2Paragraph);

(12Illegally manufacturing, trading, transportation), storage of hazardous substances (a crime125A)

(13) steals or forcibly seizes guns, ammunition, explosives and other hazardous substances (a crime127A)

(14) robbery of firearms and ammunition, explosives and other dangerous substances (a crime127A)

  

   3The crime of undermining the order of socialist market economy (7A):

   (1) production, selling counterfeit drugs crime (article141A)

(2) production, sales of toxic, harmful food crimes (article144A)

(3The smuggling of weapons, ammunition (article)151Article1Paragraph)

(4The smuggling of nuclear material (a crime)151Article1Paragraph)

(5Smuggling of counterfeit currency crimes (article)151Article1Paragraph)

(6The crime of counterfeiting currency (the)170A)

(7Fraud (article)192A)

  

  4The violation of civil rights, democratic rights of crime (5A)

(1The crime of intentional homicide (article)232A)

(2The crime of intentional injury (article)234A)

(3The crime of rape (article)236A)

(4The kidnapping crime (article)239A)

(5Abducting and trafficking in women and children), the crime (article240A)

  

  5Crimes against property (1A):

(1Robbery (article)263A)

  

  6The hindrance social management order crime (5A)

(1The crime of escaping from prison (article)317Article2Paragraph)

(2Mass armed Jieyu (a crime)317Article2Paragraph)

    (3Smuggling, trafficking, transporting), making drugs (article347A)

   (4(a) the organization prostitution crime358Article1Paragraph)

(5Forced prostitution (article)358Article1Paragraph)

 

  7The crime of endangering the interests of national defense (2A):

(1) sabotage weapons and equipment, military facilities, military communications (the crime369Article1Paragraph)

(2) provide unqualified weapons and equipment, military facilities crime (article370A)

  

    8The crime of corruption and bribery (2A):

(1The crime of corruption (a)382A)

(2The crime of accepting bribes (article)385A)

 

  10Military Crime of breach of duty (12A):

(1War crime of disobeying an order (article)421A)

(2), wolf (the crime of concealing422A)

(3Refusing to pass), false military crimes (article422A)

(4Crime of surrender (article)423A)

(5Wartime escape (the feet)424A)

(6) hinders commanding personnel or personnel on duty on duty, duty crime (article426A)

(7Military Crime (the)430A)

(8) for overseas institutions, organizations, persons who steal, spy on, buying, illegally providing military secrets (article431Article2Paragraph)

(9During the war crimes (article) cast spells on people433A)

(10) theft, snatch weaponry or military supplies (the crime438A)

(11) illegal sale, transfer military weaponry crime (article439A)

(12The wartime military operations in area), innocent residents or looting innocent residents property crime (article446A)