LawHealth and Safety

The death penalty in China. For what crimes is such a verdict handed down?

The death penalty in China is the highest penalty. The only parts of this country in which such a radical punishment is not provided are Hong Kong and Macao, which are in a special situation due to the events of the mid-20th century, which gave rise to the well-known principle of "one country, two systems".

Since 2011, the Penal Code of the PRC (People's Republic of China) provides for the death penalty for the following types of acts:

  • Possession or distribution of drugs;
  • Violent crime (murder, rape);
  • corrupt practices;
  • Pimping;
  • Counterfeit banknotes;
  • Harming national security;
  • Production and sale of counterfeit medicines;
  • Theft / storage of explosives or weapons;
  • Organization of escape from custody;
  • Alcohol driving, which caused the death of people.

In addition, for unauthorized organization and conducting excavations of ancient burials, severe punishment is imposed - the death penalty.

China is a country where conviction is executed through execution or the introduction of a lethal injection. In recent years, the second form of punishment is used more often, since it is considered less severe for the convicts themselves and who are watching the procedure.

The number of sentences per year is not officially reported by China. The death penalty, according to certain assumptions of the countries of the Western world (the United States, Great Britain, etc.), is annually carried out against two to seven thousand condemned.

It should be noted that at the official level, the Chinese authorities are trying to reduce the number of people sentenced to death. In particular, such a decision was adopted at the Sixth Plenum of the CPC Central Committee (October 2006), which pointed to the fact that, while preserving the death penalty as a capital punishment, it is necessary to avoid making erroneous sentences, toughen the procedure for investigating crimes involving such a harsh sentence.

In 2011, the Xinhua News Agency reported that the death penalty in China is being abolished in relation to the perpetrators of economic crimes (these are scammers, smugglers and businessmen evading taxes). Also, elderly people (over 75 years), teenagers and pregnant women are released from the threat of capital punishment (although the latter can force them to have an abortion).

The procedure for sentencing the "death penalty" in China is quite clear. Until 2006, such a verdict could be pronounced by the people's court immediately after the first trial. However, since 2006, the supreme measure of punishment must be approved by the Supreme People's Court of China. After conviction, the convicted person has the right to a double appeal process. At the same time, the Criminal Code of China allows for a two-year delay in the execution of the sentence, and after this delay, it is possible to change the sentence to the prisoner (the death penalty can be replaced for life).

The public death penalty in China is prohibited by the Code of Criminal Procedure (from 1996, part 4, article 212), which states that executions of death sentences must be declared, but the execution itself should not be public. However, judging by the fact that video and photos of executions in the PRC are spreading in the world, including through the Internet, it can be assumed that such actions are indicative measures addressed both to the people of China and to the rest of the world community. At the same time, it should be noted that the Chinese authorities realize that, on the one hand, such measures are not the only way to combat crime, but on the other, emphasizing the principledness and strength of the state machine, they become a vulnerable place in international relations of the Celestial state with other countries , Condemning such a measure of punishment.

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