China's Supreme People's Court today issued new regulations clarifying the procedure used to halt execution of the death penalty. Dui Hua has produced below an Engish translation of the regulations and accompanying notice, as published in the December 26, 2008, edition of Legal Daily.
Dr. Flora Sapio, of the Centre for Advanced Study on Contemporary China in Turin, Italy, examines the provisions of these regulations with respect to the Criminal Procedure Code at her blog, Forgotten Archipelagoes.
It is worth noting that the Supreme People's Court first passed these regulations governing the conditions and procedure under which an execution may be halted the same week that the attention of many was focused on the fate of Wo Weihan, whose execution was carried out despite concerns that procedural violations in his case may have led to precisely the kind of "error of judgment" these regulations describe.
Dr. Flora Sapio, of the Centre for Advanced Study on Contemporary China in Turin, Italy, examines the provisions of these regulations with respect to the Criminal Procedure Code at her blog, Forgotten Archipelagoes.
It is worth noting that the Supreme People's Court first passed these regulations governing the conditions and procedure under which an execution may be halted the same week that the attention of many was focused on the fate of Wo Weihan, whose execution was carried out despite concerns that procedural violations in his case may have led to precisely the kind of "error of judgment" these regulations describe.
Supreme People's Court Regulations Concerning Questions About Procedure for Halting Execution of the Death Penalty
(Passed at the 1455th Meeting of the Supreme People's Court Adjudication Committee on November 24, 2008)
Leg. Interp. [2008] No. 16
Notice of the Supreme People’s Court of the People's Republic of China
(Passed at the 1455th Meeting of the Supreme People's Court Adjudication Committee on November 24, 2008)
Leg. Interp. [2008] No. 16
Notice of the Supreme People’s Court of the People's Republic of China
The Supreme People's Court Regulations Concerning Questions About Procedure for Halting Execution of the Death Penalty were passed at the 1455th meeting of the Supreme People’s Court Adjudication Committee on November 24, 2008. With this announcement, they will take effect on December 26, 2008.
In order to guarantee that the process for halting the execution of a death sentence is lawfully carried out in a standardized manner, the following regulations are established in accordance with the relevant provisions of the Criminal Procedure Code of the PRC and in combination with criminal adjudication practice.
Article 1 With respect to the provisions of Articles 211 and 212 of the Criminal Procedure Code, a judgment "may be in error" in the following situations:
Article 2 After receipt of an order of execution from the Supreme People’s Court but before the execution is carried out, if a lower-level court discovers any of the circumstances described in Articles 211(1) or 212(4) of the Criminal Procedure Code, the execution should be postponed and a report requesting the execution be halted along with relevant documents sent to the Supreme People’s Court for approval.
Article 3 Following review [of the report] by the Supreme People’s Court, if it is found that [the circumstances reported] do not have an impact on the conviction or sentencing of the criminal, a decision should be issued to the lower-level court ordering resumption of the execution. If it is found that [the circumstances reported] could have an impact on the conviction or sentencing of the criminal, a decision should be issued to the lower-level court ordering the execution be halted. After the lower-level court halts the execution, it and other relevant agencies should conduct an investigation and verification and report the investigation results and opinions immediately to the Supreme People's Court for examination.
Article 4 After issue of an order of execution but before the execution is carried out, if the Supreme People's Court discovers any of the circumstances described in Articles 211(1) or 212(4) of the Criminal Procedure Code, a decision should be issued immediately to the lower-level court ordering the execution be halted and relevant documents transmitted to the lower-level court. After the lower-level court and other relevant agencies conduct an investigation and verification, [the court should] report the investigation results and opinions immediately to the Supreme People's Court for examination.
Article 5 The original collegial panel of the Supreme People's Court that reviewed the death sentence in the case should take responsibility for examining the report and relevant documents sent by the lower-level court requesting that execution be halted. If necessary, a new collegial panel may be formed in accordance with the law.
Article 6 With respect to cases in which executions have been halted in accordance with the law, the Supreme People's Court should handle the following situations accordingly:
(1) If the criminal is found to be pregnant, the verdict should be changed in accordance with the law;
(2) If the original judgment is found to be in error or if the criminal has rendered major meritorious service that ought to lead to a change of verdict in accordance with the law, a decision should be issued withdrawing approval for the death penalty, the original verdict should be vacated, and the case should be remanded for retrial;
(3) If the original judgment is found to have no errors, the criminal has not rendered major meritorious service, or the major meritorious service does not have an impact on execution of the original sentence, a decision should be issued ordering resumption of the execution of the original decision approving the death sentence and a new order of execution be issued by the president of the Supreme People's Court.
Article 7 After these regulations take effect, in case of discrepancy with the provisions of any previously issued regulations the present regulations shall take precedence.
Related Links:
Supreme People’s Court
December 15, 2008
December 15, 2008
In order to guarantee that the process for halting the execution of a death sentence is lawfully carried out in a standardized manner, the following regulations are established in accordance with the relevant provisions of the Criminal Procedure Code of the PRC and in combination with criminal adjudication practice.
Article 1 With respect to the provisions of Articles 211 and 212 of the Criminal Procedure Code, a judgment "may be in error" in the following situations:
(1) Discovery that the criminal may have committed an additional crime;
(2) The arrest of suspected accomplices to the same crime may have an impact on the sentencing of the criminal;
(3) Other criminals convicted in the same crime have had their executions postponed or halted, which may have an impact on the sentencing of the criminal;
(4) There are other possible errors in the judgment.
(2) The arrest of suspected accomplices to the same crime may have an impact on the sentencing of the criminal;
(3) Other criminals convicted in the same crime have had their executions postponed or halted, which may have an impact on the sentencing of the criminal;
(4) There are other possible errors in the judgment.
Article 2 After receipt of an order of execution from the Supreme People’s Court but before the execution is carried out, if a lower-level court discovers any of the circumstances described in Articles 211(1) or 212(4) of the Criminal Procedure Code, the execution should be postponed and a report requesting the execution be halted along with relevant documents sent to the Supreme People’s Court for approval.
Article 3 Following review [of the report] by the Supreme People’s Court, if it is found that [the circumstances reported] do not have an impact on the conviction or sentencing of the criminal, a decision should be issued to the lower-level court ordering resumption of the execution. If it is found that [the circumstances reported] could have an impact on the conviction or sentencing of the criminal, a decision should be issued to the lower-level court ordering the execution be halted. After the lower-level court halts the execution, it and other relevant agencies should conduct an investigation and verification and report the investigation results and opinions immediately to the Supreme People's Court for examination.
Article 4 After issue of an order of execution but before the execution is carried out, if the Supreme People's Court discovers any of the circumstances described in Articles 211(1) or 212(4) of the Criminal Procedure Code, a decision should be issued immediately to the lower-level court ordering the execution be halted and relevant documents transmitted to the lower-level court. After the lower-level court and other relevant agencies conduct an investigation and verification, [the court should] report the investigation results and opinions immediately to the Supreme People's Court for examination.
Article 5 The original collegial panel of the Supreme People's Court that reviewed the death sentence in the case should take responsibility for examining the report and relevant documents sent by the lower-level court requesting that execution be halted. If necessary, a new collegial panel may be formed in accordance with the law.
Article 6 With respect to cases in which executions have been halted in accordance with the law, the Supreme People's Court should handle the following situations accordingly:
(1) If the criminal is found to be pregnant, the verdict should be changed in accordance with the law;
(2) If the original judgment is found to be in error or if the criminal has rendered major meritorious service that ought to lead to a change of verdict in accordance with the law, a decision should be issued withdrawing approval for the death penalty, the original verdict should be vacated, and the case should be remanded for retrial;
(3) If the original judgment is found to have no errors, the criminal has not rendered major meritorious service, or the major meritorious service does not have an impact on execution of the original sentence, a decision should be issued ordering resumption of the execution of the original decision approving the death sentence and a new order of execution be issued by the president of the Supreme People's Court.
Article 7 After these regulations take effect, in case of discrepancy with the provisions of any previously issued regulations the present regulations shall take precedence.
Related Links:
- Supreme People's Court Regulations Concerning Questions About Procedure for Halting Execution of the Death Penalty (original Chinese text), Legal Daily, December 26, 2008
- Death Penalty Execution Procedure: New Judicial Interpretation, Forgotten Archipelagoes, December 26, 2008
- China Executes Scientist for Alleged Spy Activity, The Dui Hua Foundation, November 28, 2008
