The Supreme People's court, the Supreme People's Procuratorate

On the implementation of "PRC Criminal Law" of the supplementary provisions to determine charges (five)

According to the "PRC Criminal Law Amendment (eight)" (hereinafter referred to as the "criminal law amendment (eight)") regulation, the Supreme People's court "on the implementation of 'of the people's Republic of China criminal law to determine the regulation of charge,'" the Supreme People's Procuratorate "on the application of criminal law provisions of the accusation of crime" add, modify opinions as follows:

The Supreme People's Court on the

Suspension of execution of a death sentence cases limits on Several Issues concerning the trial procedures

To correctly apply the "PRC Criminal Law Amendment (eight)" provisions concerning the suspension of execution of death penalty commutation restrictions, according to the relevant provisions of the criminal procedure law, combined with judicial practice, the relevant provisions on some issues of the trial procedures are as follows:

Article 1According to the provisions of article second of criminal law of fiftieth, was 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, personal danger and so on, can decide commutation restrictions on them at the same time judge.

Article secondAgainst the defendant to the people's Court of First Instance judgement of the restrictions on commutation, can appeal. The defense of the accused person and close relatives, agreed by the defendant, but also can appeal.

Article thirdThe higher people's court or review sentenced penalty cases, holds that the original judgment for defendant sentenced appropriately, but the sentence commutation restrictions improper, and shall be amended, revoked the restrictions on commutation.

Article fourthThe higher people's court sentenced appeal no restrictions on commutation of sentence, that the facts are clear, the evidence, but should be restricted to commutation, not directly to, or remand the case for retrial. It is necessary to limit the commutation of sentence, shall definitely, ruling effect in second after the trial, the trial in accordance with the procedure for trial supervision again.

The higher people's court review sentenced no restrictions on commutation of the case, that should be restricted to commutation, commutation limit shall be the defendant in order to improve the level of trial mode.

Article fifthThe higher people's court sentenced to death penalty cases of second instance, the defendant commuted the death sentence with a reprieve, if in accordance with the provisions in the second paragraph of the criminal law fiftieth, can also decide commutation restrictions on its.

No appeal, appeal reviews by a higher people's court sentenced to death case, that should be commuted the death sentence with a reprieve and commutation restrictions, it may bring the case up or remand the case for retrial.

Article SixthThe Supreme People's court review of death penalty cases, the defendant may be sentenced to death with a two-year suspension of execution penalty, shall make a decision of disapproval, and revocation, remand the case for retrial.

In the case of more than two defendants were sentenced to death, the Supreme People's court checks, on the part of the defendant commuted the death sentence with a reprieve, if in accordance with the provisions in the second paragraph of the criminal law fiftieth, can also decide commutation restrictions on its.

Article seventhThe decision of the people's court restrictions on commutation was sentenced to the defendant of the death sentence with a reprieve for judgment, should be in the text part as a separate item shall be announced.

Article eighthSuspension of execution of a death penalty case trial procedures and other matters, shall be implemented in accordance with the criminal procedure law and judicial interpretation concerned.

The Supreme People's Court on the

"PRC Criminal Law Amendment (eight)" validity time explanation

(by the Supreme People's Court on April 20, 2011 the 1519th meeting of the judicial committee)

To correctly apply the "PRC Criminal Law Amendment (eight)", according to the relevant provisions of the criminal law, the people's court in May 1, 2011 after the trial of criminal cases, the criminal law provisions of the relevant issues as follows:

Article 1In April 30, 2011 before the crime, he shall be sentenced to public surveillance or probation according to law, the people's court according to the specific activities in crime, that is necessary and prohibit criminals in the control period or probation period, enter a specific area, location, contact person, shall be governed by the provisions of article thirty-eighth of criminal law amendment after second or seventy-second second paragraph.

The criminals in the control period or probation period, the people's court in violation of the ban, provisions of article thirty-eighth of criminal law amendment after fourth or seventy-seventh section second.

Article secondIn April 30, 2011 before the crime, sentenced to death with a two-year suspension of execution, the applicable provisions of article fiftieth of the criminal law amendment before.

The defendant is a recidivist, or committing a crime is intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, extremely serious crime, according to criminal law amendment before sentenced cannot reflect the matching principle, and according to the amended criminal sentenced to death with a executive also decided to limit the commutation can penalty according to the provisions of the applicable criminal law fiftieth, amended section second.

Article thirdWas sentenced to the punishment, punishment is finished or pardon, in April 30, 2011 before making should be sentenced to the punishment of sin, whether the recidivist, apply the provisions of article sixty-fifth of criminal law amendment of the former crime; but, when under the age of eighteen, whether the recidivist, the revised criminal law shall apply to the sixty-fifth strip.

Had committed crimes of endangering national security, the punishment has been completely executed or pardon, in April 30, 2011 before make the crime of endangering national security, whether the recidivist, apply the provisions of article sixty-sixth of the criminal law amendment before.

Was sentenced penalty above, or had committed crimes of endangering national security, terrorism, organized crimes of the underworld crime again, after May 1, 2011, whether the recidivist, shall be governed by the provisions of article sixty-fifth of criminal law, the revised article sixty-sixth.

Article fourthIn April 30, 2011 before the crime, although do not have surrendered plot, but confess, shall be governed by the provisions of article sixty-seventh of criminal law amendment after the third paragraph.

Article fifthIn April 30, 2011 before the crime, crime after the surrender and major meritorious services, shall be governed by the provisions of article sixty-eighth of criminal law amendment of section second.

Article SixthBefore April 30, 2011, a committed several crimes, crimes provisions shall, before the amendment to article sixty-ninth of the criminal law; in April 30, 2011 and a committed several crimes, one crime occurred after May 1, 2011, shall be governed by the provisions of article sixty-ninth of the criminal law amendment.

Article seventhIn April 30, 2011 before the crime, was sentenced to life imprisonment, after commutation or parole before the actual implementation of the sentence, application of article Seventy-eighth of the criminal law amendment before the second paragraph, eighty-first paragraph 1.

Article eighthIn April 30, 2011 before the crime, because is a recidivist or intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime and was sentenced to ten years in prison, life imprisonment of criminals, after May 1, 2011 is still in prison, parole shall apply whether, before correction article eighty-first paragraph second; in April 30, 2011 before the crime, a criminal element sentenced to ten years in prison, life imprisonment for crimes of violence, after May 1, 2011 is still in prison, parole shall apply whether, after revising article eighty-first of the criminal law section second, third paragraph.