The Supreme People's Court, the Ministry of Justice on the death penalty review

The review procedure of death penalty in the Supreme People's Court is a special trial procedure followed by the people's court in examining and approving cases sentenced to death. The death penalty is a penalty that deprives criminals of their lives, and it is the most severe of all kinds of penalties stipulated in the criminal law, which is called capital punishment. After the right of death penalty review is taken back, the procedure of death penalty review should be designed and improved according to the law of litigation. Although it is different from the procedure of first instance and second instance, it can be transformed into litigation. The following two ways can be adopted according to the circumstances of the case: first, if the defendant does not appeal, the people's procuratorate does not protest, but appeals or protests, not for fact finding but for legal application or procedural issues, the court may not hold a court session, but even if it does not hold a court session, it must also include reviewing written file materials, interrogating the defendant and listening to the opinions of the public prosecution organ and defenders; Second, for the case that the defendant appealed or the procuratorial organ protested after the death penalty was sentenced in the first instance, and it was based on the facts, the court should adopt the way of hearing, that is, within a certain period of time, the procuratorial organ, the defendant, the defender and other participants who must participate in the proceedings participated in the review procedure. The operation mode can be face-to-face direct trial or remote trial through the Internet. The implementation of the trial can ensure that both the prosecution and the defense can effectively participate in the trial process, especially the defense can fully exercise the right of defense, and it is also convenient for the procuratorate to implement effective legal supervision over the trial activities of the court. Either way, the trial shall be conducted by a collegiate panel of three or more odd-numbered judges. For difficult, complicated and important cases, the collegial panel may submit them to the judicial committee for trial.

Legal objectivity:

Article 246th of the Criminal Procedure Law, the death penalty is approved by the Supreme People's Court. Article 247 In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal, it 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 any objection to the death penalty, it may send it back for retrial. In the case of first instance where the Higher People's Court sentenced the death penalty, the defendant did not appeal, and in the case of second instance where the death penalty was imposed, it should be reported to the Supreme People's Court for approval. Article 248 A case in which the intermediate people's court sentenced the death penalty with a two-year suspension of execution shall be approved by the higher people's court.