1. What is the execution procedure of the death penalty?
1, issuance of death penalty order
The execution of the death penalty can only be carried out with an execution order. The Supreme People's Court sentenced and approved the death penalty for immediate execution, and the execution order was issued by President the Supreme People's Court.
2. Executive organ and time limit
The organ that executes the death penalty is the people's court that originally tried the case. Orders of the Supreme People's Court and the Higher People's Court to execute the death penalty shall be handed over by the Higher People's Court to the people's court that originally tried the case for execution. The people's court that originally tried the case shall execute the death penalty within seven days after receiving the ruling.
3. Place and method of implementation
The death penalty can be executed in the execution ground or in a designated place of detention. The execution place shall not be close to busy areas, traffic arteries and tourist attractions. The death penalty is executed by shooting or injection. If the people's court has the conditions to execute the death penalty by shooting, it shall hand it over to the judicial police for execution; Unconditional execution; Can be handed over to the police for execution. When the death penalty is executed, the public security organ shall be responsible for vigilance. If the death penalty is executed by injection, it shall be executed in the designated execution ground or detention place. If the death penalty is executed by methods other than shooting or injection, it shall be reported to the Supreme People's Court for approval in advance.
The immediate execution of the death penalty, except for cases directly decided by the Supreme Law, must be approved by the Supreme People's Court. In other words, as long as the death penalty is executed immediately, it needs to be submitted for approval, otherwise it cannot be continued.
Second, how long does it take to review the death penalty?
The death penalty review system is a system for reviewing and approving death penalty judgments and rulings, including the review procedure for cases of immediate execution of death penalty and the review and approval for cases of suspension of execution of death penalty for two years. The death penalty review system is embodied in the death penalty review procedure, including the application, review and approval of death penalty cases.
In China's criminal proceedings, including trial, first instance, second instance and retrial, corresponding time limits have been set. Only the death penalty review procedure has no time limit. The review of death penalty is a special procedure, and how long it takes is not clearly stipulated in the Criminal Procedure Law, nor is it clearly stipulated in the judicial interpretation in the Supreme People's Court.
In judicial practice, the review period of death penalty can be long or short, depending on the case, which is decided by the Supreme People's Court. According to the statistics of lawyers in Ma Yongshun, in judicial practice, the review time of major sensitive cases by the Supreme Court is very short, some less than one month, the review procedure of death penalty usually takes more than two months, and the approval of individual cases takes several years.
Third, the way to review the death penalty
1. For a case of first instance sentenced to death, if the defendant does not appeal, the people's procuratorate will appeal and protest, but not to find out the facts, but to apply legal or procedural issues. The court may not hold a hearing, but even if it does not hold a hearing, it must still include reviewing written case files, interrogating the defendant, and listening to the opinions of the public prosecution agency and defenders.
2. For a case in which the defendant appeals or the procuratorial organ protests after the death penalty is imposed in the first instance, the court shall take the form of hearing on the basis of fact finding, that is, the procuratorial organ, the defendant, the defender and other participants who must participate in the proceedings will participate in the review procedure within a certain period of time. 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 basis:
Code of Criminal Procedure of People's Republic of China (PRC);
Article 246 The death penalty shall be 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.