(1) The suicide notes and transcripts of death penalty criminals shall be examined in a timely manner. If it involves property inheritance, debt settlement, family entrustment, etc. , suicide notes and transcripts should be handed over to family members and copied for future reference; Involving case clues and other issues, it shall be copied to the relevant authorities;
(2) Notify the families of criminals to collect the bodies within a time limit; If there are cremation conditions, the ashes will be notified. If it is not collected within the time limit, the people's court shall notify the relevant units to deal with it. The disposal of the corpse or ashes of a death penalty criminal shall be recorded in the volume;
(3) The procedures and time limit for notifying foreign embassies and consulates in China after a criminal of foreign nationality has executed the death penalty shall be handled in accordance with the relevant provisions.
For criminals who have executed the death penalty, if none of their living family members accepts or refuses to accept them, it shall be handled in accordance with the relevant provisions: The Interim Provisions of the Ministry of Public Security, the Ministry of Justice, the Ministry of Civil Affairs of the Supreme People's Procuratorate and the Supreme People's Court on the Use of the Dead Bodies or Organs of Death Penalty Criminals may use the following types of dead bodies or organs:
1. No one claimed it or family members refused to claim it;
2. Death penalty criminals voluntarily hand over their bodies to medical and health units for use;
3. Use with the consent of your family.
Question 2: What about the bodies of executed prisoners after being shot? The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) Article 348 After the death penalty is executed, the people's court responsible for execution shall handle the following matters:
(1) The suicide notes and transcripts of death penalty criminals shall be examined in a timely manner. If it involves property inheritance, debt settlement, family entrustment, etc. , suicide notes and transcripts should be handed over to family members and copied for future reference; Involving case clues and other issues, it shall be copied to the relevant authorities;
(2) Notify the families of criminals to collect the bodies within a time limit; If there are cremation conditions, the ashes will be notified. If it is not collected within the time limit, the people's court shall notify the relevant units to deal with it. The disposal of the corpse or ashes of a death penalty criminal shall be recorded in the volume;
(3) The procedures and time limit for notifying foreign embassies and consulates in China after a criminal of foreign nationality has executed the death penalty shall be handled in accordance with the relevant provisions.
For criminals who have executed the death penalty, if no one accepts their living relatives and refuses to accept them, it shall be handled in accordance with the relevant provisions of the Interim Provisions of the Ministry of Public Security, the Ministry of Justice and the Ministry of Civil Affairs of the Supreme People's Procuratorate and the Supreme People's Court on the Use of Dead Bodies or Organs of Death Penalty Criminals. The following kinds of dead bodies or organs of death penalty criminals may be used: 1 No one accepts them or their families refuse to accept them;
2. Death penalty criminals voluntarily hand over their bodies to medical and health units for use;
3. Use with the consent of your family.
Question 3: What about the body of a person sentenced to death after being shot? Can the family get the whole body back? Of course, the family members take the corpse, and those who have no family members or relatives are handled by the civil affairs department.
Question 4: How to deal with the legacy of death penalty in China? What should I do with the body after the execution of the death penalty? I looked through the relevant materials and found a copy of the Interim Provisions of the Ministry of Public Security, the Ministry of Justice, the Ministry of Civil Affairs, the Supreme People's Procuratorate and the Supreme People's Court on the Use of the Bodies or Organs of Death Penalty Criminals, which was promulgated and implemented by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and the Ministry of Civil Affairs 1984. It can be seen that the disposal of the remains of condemned prisoners is not impossible to follow.
Although today's law does not recognize that "person" can become "thing" or "person" and become the object of others' rights, the law still protects the corpse (or remains) as a kind of thing. It's just that the law has many restrictions on the handling of such things.
Looking at the "Six Instruments", China's laws still establish the dominant position of the family members of the condemned prisoners in disposing of the remains of the deceased.
For example, article (3) of the document stipulates that:
The following types of corpses or organs of death penalty criminals can be used:
1. No one claimed it or family members refused to claim it;
2. Death penalty criminals voluntarily hand over their bodies to medical and health units for use;
3. Use with the consent of your family.
That is to say, unless the condemned prisoner has "voluntarily" donated his body before being executed, the medical and health units must go through their families to use the corpse or corpse organs.
In addition, according to the provisions of items (4) and (3) of this article, "if a death penalty prisoner voluntarily hands over his body to a medical unit for use, there shall be a formal written certificate or record signed by the death penalty prisoner, which shall be kept by the people's court for future reference." It can be seen that the voluntary expression of the condemned prisoner must be written, otherwise, once the family members resort to judicial organs, the people's court or medical unit may face the possibility of not proving that the deceased is "voluntary" and bear adverse consequences.
Item (2) of this article stipulates that "the corpse or cremated ashes of a death penalty prisoner may be allowed to be claimed by his family members." This provision has left a relatively large space for the authorities to seek illegal interests. For example, the competent authority can reject the claim of family members based on the word "may"; It is not allowed to claim the body, only the cremated ashes. As for whether the organs of family members have been illegally removed, the competent authorities can also use this regulation as a shield. All the bodies were cremated, and no organs were illegally taken away. It is difficult for family members to find evidence to prove that the authorities illegally removed the organs of prisoners on death row, which violated the relevant rights of family members. I suggest that the word "may" be changed to "should", and the family members of the condemned prisoners should be given the right to choose to claim the "corpse" or "ashes". Of course, in order to protect this right, it must be supplemented by relevant procedural laws and regulations, such as the notification procedures and signature procedures of relevant departments.
In addition to the death penalty criminals' prior consent and the death penalty criminals' bodies that are not collected or refused to be collected by their families, medical units must obtain the consent of their families if they want to use the death penalty criminals' bodies or organs. Items (4) and (3) of the same article stipulate that "the people's court shall notify the health department to negotiate with the family members, and reach a written agreement on the scope of use, disposal methods, disposal expenses and economic compensation of the corpse that can only be used with the consent of the family members. According to the agreement, the municipal or regional health bureau will issue a certificate of corpse use to the user and send a copy to the relevant unit. " It can be seen that the consent of family members must be prior consent. Unless there are no family members, or the family members refuse to accept the death penalty, the people's court shall solicit their opinions on whether to accept the death penalty. If the family members want to be taken in, the court shall notify the medical unit to seek the opinions of the family members of the condemned prisoner in advance. Of course, the whole process of soliciting opinions must be carried out before the execution of the death penalty, although in my opinion, this practice is somewhat inhuman, because when the family members discuss with the hospital how to dispose of the body, the body is still a "person." However, if the opinions of family members are not sought before the execution of the death penalty, and then after the execution of the death penalty, the bodies and organs may lose their scientific research value after completing the legal procedures.
Generally speaking, death row inmates are criminals who commit the most heinous crimes, and people are often ashamed of their lives for their families. Most of the bodies of death row inmates are "refused or refused to accept". While using these bodies, we should consider respecting their personal rights, and the state should undertake the obligation of collection. Family members should be consulted in advance whether to accept the body. After starvation, when the family members asked to accept the corpse, they found that the organs of the condemned man had been brutally removed.
I am writing this article in the hope that ... >>
Question 5: What about the body of the condemned man after being shot? Some people want to take it away, some people sell it and sell it to the medical anatomy department for internship. It used to be used for eating. Prisoners in prisons can only eat meat a few times a year. Where did it come from? Do you think Fu Zheng will give you meat to eat? I have experienced it. I felt sick at first, but then I didn't care whose it was. I'll eat it as beef. Alas, it's just a little slutty. But who can stand eating cabbage and soaking rice every day?
Question 6: How to deal with the bodies of condemned prisoners? Inform the family members in advance, go through the formalities if you want the body, and contact the local medical school if you don't want the body. The day before the execution, family members can meet at the detention center and bring food, drink and clothes to the prisoners. At 8 am on the day of execution, the Intermediate People's Court issued a whole bundle of ropes, gloves and masks to the armed police in the city detention center. We cut the rope ourselves according to the number of people executed that day. Generally, a prisoner has a rope of three meters. It takes two hands to shoot a prisoner, one shooter and three prisoners to prepare a heavy shooter, and practice binding with hands tied. The captain organized the shooters to practice their guns against the prison wall with empty bullets (no matter how many prisoners I hit, I hit 12 at most in 2004, and I went to get the execution suit and riot helmet after training for one or two hours (at that time, I trained two soldiers for two years, and no one wanted to hit the prisoners with their own clothes). Our squadron has a special execution suit. At noon, the special police, procuratorate, court, traffic police and driver's license van all came to the detention center, holding hands. Free prisoners break the shackles (the shackles of death row prisoners are all smashed to death with rivets, so they are broken with hairpin hammers). The trouser legs are tied with hemp rope to prevent the prisoner from incontinence. They boarded the bus and went to the execution ground of the Intermediate People's Court for public trial (ordinary people can't bear to tighten the rope three times on the road, and their hands can almost be put around their necks from behind. According to the monitor, they can fight at once. The prisoner's family ran after him with a coffin. The execution ground in Fiona Fang is three kilometers away. Family members can only wait three kilometers away. When they get to the execution ground and the shooter is in place, the gun will punch from the back of the head. Some shooters are afraid of shaking their hands, and they will simply hit with the back of their heads and finish the forensic autopsy. If they're not dead, they'll put a bullet near their ears. When they are finished, they will come back. Our team will form a circle. Family members go in to collect bodies ... this is the basic process I performed when I recovered in 2004. I sincerely advise you not to commit a crime. The price of impulse is too high. Think more about your family when something happens. I've seen too many family members cry themselves out. Hey, there is only one life. Think more about your family.
Question 7: How do death row inmates generally execute? At present, the death penalty is rarely executed by lethal injection. If you want to see it, now is the time. Because the blood freezes in winter, now it is summer, and you can see the bleeding scene. The execution was carried out by the bailiff of the local court. Generally speaking, before the execution of the death penalty, the condemned person will be sedated first. The bailiff fired a single shot and hit the prisoner in the back of the head. Of course, if one shot can't kill him, another bailiff will make up the second shot.
Question 8: How are prisoners on death row executed now? Where to call? Where's the body? Intravenous injection and cremation
Question 9: What about the body of a condemned man who has been shot? In 50 minutes, someone wants to take it away, and no one wants to sell it, so they sell it to the medical anatomy department for internship.
Question 10: This is an administrative loophole concerning the handling of the corpse of a condemned person.
This is not a judicial loophole.