Globally, of the 195 United Nations states, 54 countries retain capital punishment, 108 countries have completely abolished it de jure for all crimes, 7 have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes) and 27 are abolitionist in practice. Singaporean Siti Aslinda Binte Junaidi is facing the death penalty in China after being convicted of drug trafficking. & Industry for National Defense, CPC Central Commission for Discipline Inspection, Central Leading Group for Inspection Work, Commission for Discipline Inspection of the Central Military Commission, Independent Commission Against Corruption (Hong Kong), Judicial Administrative Organs People's Police, Office for Safeguarding National Security of the CPG in the HKSAR, Central Leading Group for Propaganda and Ideology, Central Guidance Commission on Building Spiritual Civilization, Central Publicity (Propaganda) Department, National Press and Publication Administration, National Radio and Television Administration, Central Leading Group on Hong Kong and Macau Affairs, Association for Relations Across the Taiwan Straits, International Development Cooperation Agency, International Military Cooperation Office, State Administration of Foreign Experts Affairs, six gentlemen of the Hundred Days' Reform, Supreme People's Court of the People's Republic of China, National People's Congress Standing Committee, List of miscarriage of justice cases § China, "EU condemns Taiwan's use of death penalty after man's execution for double murder", "中华人民共和国刑事诉讼法 (the Criminal Procedure Law of the People's Republic of China)", "中华人民共和国刑事诉讼法(英文版) [the Criminal Procedure Law of the People's Republic of China (English Version)]", "Cornell Center on the Death Penalty Worldwide", "EXPLAINER-Japan death row executions: hangings secretive, backed by public", "South Korea has 61 people currently on death row", "Singapore executes six men over drug trafficking despite international pleas", "Canadian's death sentence in China 'horrific', family says", "China's Capital Cases Still Secret, Arbitrary", "China ends death penalty for 13 economic crimes", "Beijing calls for an international "fox" hunt", "Overview: We know that, together, we can end the death penalty everywhere", "INFOGRAPHIC: Capital punishment in China", "Chinese billionaire mining tycoon Liu Han is executed over his links to a 'mafia-style' gang", "Billionaire executed for contract murder", "Deciding Death: How Chinese Judges Review Capital Punishment Cases", "China's Supreme Court Overturns Death Sentence of Domestic Violence Survivor", "Selected Legal Provisions of the People's Republic of China Affecting Criminal Justice", "Criminal justice system improved for human rights|Politics|chinadaily.com.cn", Chinese Government Considers Reducing Number of Crimes Punishable by Death, 'China suspends executions for two years', "China: Death Penalty Crimes to Be Further Reduced", "China Reduces Number of Crimes Punishable by Death", "It's a crime, I tell ya: Major Changes in China's Criminal Law Amendment 9", "China reduces the number of crimes punishable by death to 46, but keep drug trafficking in the list", "Criminal Procedure Law of the People's Republic of China - 1996", 'Reducing Death Penalty Crimes in China More Symbol Than Substance', "In Shift, Chinese Carry Out Executions by Lethal Injection", news.xinhuanet.com Capital crimes dropped, "China is the world's top executioner, but it doesn't want you to know that", "International Anti-Death Penalty Advocacy and China's Recent Capital Punishment Reform", China 'using prisoner organs for transplants', 'The beauty products from the skin of executed Chinese prisoners', 'China Turns Out Mummified Bodies for Displays', 'China admits organs removed from prisoners for transplants', Central Committee of the Communist Party of China, Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, Independent Commission Against Corruption, Campaign to Suppress Counterrevolutionaries, Strike Hard Campaign Against Violent Terrorism, Information operations and information warfare, Residential Surveillance at a Designated Location, Beijing Municipal Administration of Prisons, Chongqing Municipal Administration of Prisons, Sichuan Province Prison Administrative Bureau, https://en.wikipedia.org/w/index.php?title=Capital_punishment_in_China&oldid=998856585, Articles lacking reliable references from April 2019, Articles needing additional references from January 2021, All articles needing additional references, Articles needing the year an event occurred from October 2019, Articles containing Chinese-language text, Articles containing simplified Chinese-language text, Articles containing potentially dated statements from April 2019, All articles containing potentially dated statements, Articles with unsourced statements from January 2021, Creative Commons Attribution-ShareAlike License. A touching moment was caught on camera when a death-row inmate bade his family last goodbye in China's Heilongjiang province. The first appeal is conducted by a high people's court if the condemned appealed to it, and since 2007, another appeal is conducted automatically (even if the condemned oppose the first appeal) by the Supreme People's Court of the People's Republic of China (SPC) in Beijing,[35] to prevent the circumstances in which the defendant is proved innocent after the death penalty – an obviously irrevocable punishment – has been administered. The bigamy conviction got a lot of the attention but Lai Xiaomin received a death sentence on Tuesday over a much more serious issue troubling China. Questioning of convicted person during review - In principle, SPC judges should question the convicted person. Under the Punishments of Lu (Lu Xing), written sometime in the Warring States period (475-221 BCE), there were 200 capital offences. [10] The exact numbers of executions, and death sentences, are considered a state secret by China, and not publicly available. Shocking extent of Viet Nam executions uncovered In Malaysia and Viet Nam, new disclosures reveal that the scale of the executions in those countries was even higher than thought. [29], Amnesty International reports that until 2010 among 197 nations worldwide, 96 nations had completely abolished the death penalty, 9 had abolished the death penalty for ordinary crimes, and 34 were abolitionist in practice, meaning that they have not executed anyone for at least 10 years and have generally settled on the policy to not sentence any executions. [2][3][4][5], The use of capital punishment is active in most East Asian countries and territories, including Japan, North Korea, Malaysia, Thailand, Indonesia, Vietnam, Singapore, South Korea and Taiwan (ROC). A scout team chooses a place in advance to serve as the execution ground. [18] The Tang Code (653 CE) listed 233 capital offenses, and the Song dynasty (960-1279) retained these and added sixty more over time. In a brief report in May[year needed], Xinhua quoted anonymous sources as saying Chinese courts handed down 30 percent fewer death sentences in 2007 compared with 2006. This series of actions is thought of as marking the beginning of China’s tenuous start toward completely abolishing the death penalty. [32] According to "The Death Penalty in China: Reforms and Its Future", "it also represents the most conservative estimate of death sentences and executions in China due to the following accounting rules: 1) when there is doubt of accuracy, figures were excluded; 2) where two conflicting reports existed, the lower figure was used; 3) when a combined figure of death sentences and prison sentences was given, only one death sentence was recorded; and 4) when a group was sentenced to death, only one sentence was entered. [36], If the lower court death sentence is upheld, the execution is carried out shortly thereafter. [45] The Draft 9th Amendment to the PRC Criminal Law was passed on 29 August 2015, which reduced the number of crimes on the list of capital offenses by 9 to 46. Its Definition and Legal Foundation. The death penalty has been a part of the Chinese culture for thousands of years. Fan Wei is the second Canadian to be sentenced … At some point, even the families of a man's concubines were also killed. In addition, Article 19 dictates that criminals less than 18 years old at the time of a crime who are sentenced to prison terms of less than five years do not have to report to jail in situations of army recruitment and employment. [62], The Coalition to Investigate the Persecution of Falun Gong has accused Chinese hospitals of using the organs of executed prisoners for commercial transplantation. These are defined in the criminal law of China, which comprehensively identifies criminal acts and their corresponding liabilities. "[29], According to an Amnesty International report, “available information indicates that thousands of people are executed and sentenced to death in China each year.”[60] Human rights groups and foreign governments have criticized China's use of the death penalty for a variety of reasons, including its application for non-violent offenses, allegations of the use of torture to extract confessions, legal proceedings that do not meet international standards, and the government's refusal to publish statistics on the death penalty. Thus, the death penalty is issued in cases that are deemed to impact social stability. The abolition of the death penalty in Hong Kong since 1993 is a major reason why mainland China does not have a rendition agreement with that city. [57] In 2005 a survey of 2000 respondents showed that 82.1% supported the death penalty while 13.7% supported the abolishment of the death penalty. [15] In Chinese philosophy, capital punishment was supported by the Legalists, but its application was tempered by the Confucians, who preferred rehabilitation and mercy over capital punishment. [46], In March 2007, China's representative in the UN Human Rights council, Mr. LA Yifan stated that "the death penalty's scope of application was to be reviewed shortly, and it was expected that this scope would be reduced, with the final aim to abolish it. [29] Later the same year, the Supreme People's Court ordered lower courts to suspend death sentences for two years and to "ensure that it only applies to a very small minority of criminals committing extremely serious crimes. When a case involving the death penalty is sent to the SPC for mandatory review, the case is delivered to one of the court’s five divisions according to the geographic origin of the case or, in some cases, the type of crime involved. The anti-corruption campaign of Chinese leader Xí Jìnpíng 习近平 is initiating off its ninth yr with a bang. [42] Executions under the pretense of political crimes are extremely rare and confined to persons involved in violence or the threat of violence. Executed and not executed, the decision is always correct. The number of executions has dropped steadily in the 2000s, and significantly since 2007, when the Supreme People’s Court regained the power to review all death sentences; for instance, the Dui Hua Foundationes… Stephen Noakes, in his article, Execution of death sentences shall be announced to the public, but shall not be. [13] Death sentence with reprieve is used to emphasize the seriousness of the crime and the mercy of the court, and sometimes inaccurately added to the number of actual death sentences. [citation needed], In practice, China traditionally uses the firing squad as its standard method of execution. Decisions on a wrongful conviction/sentence - SPC can order a lower court to retry a case except in a few scenarios. Chinese law provides that all persons who commit crimes are equal in the application of the law. [30] Other media, such as Internet message boards, have become outlets for confirming death penalty cases usually after a sentence has been carried out. [56] According to "The Death Penalty in China: Reforms and Its Future", the 13 crimes (19% of the total number of crimes punishable through death) were: "smuggling of cultural relics; smuggling of precious metals; smuggling of precious animals or their products; smuggling of ordinary freight and goods; fraud connected with negotiable instruments; fraud connected with financial instruments; fraud connected with letters of credit; false invoicing for tax purposes; forging and selling value-added tax invoices; larceny; instructing in criminal methods; excavating and robbing ancient cultural sites or ancient tombs, and excavating and robbing fossil hominids and fossil vertebrate animals". [20], The first type of classical punishment was a system of torture used in the process of examining a criminal. [37], Mainland Chinese courts hand down the sentence of "death sentence with two years' probation" (Chinese: 死缓; pinyin: sǐ huǎn) as frequently as, or more often than,[35] they do actual death sentences. China was the world leader with likely thousands of executions a year. The public is generally not allowed to view the execution. Critics have noted that the campaigns lead to the streamlining of capital cases, where cases are investigated, appeals heard, and sentences carried out at rates much more rapidly than normal. [38], Thirteen crimes were removed from the list of capital offenses in 2011, including smuggling of cultural relics, wildlife products, and precious metals. Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. The Death Penalty in China needs to be read by everyone concerned with the project of eliminating capital punishment throughout the world.--from the foreword by Roger Hood, emeritus professor of criminology, University of Oxford This outstanding book describes proficiently what is known and knowable about the death penalty in transition in China today. [16] Confucius did not oppose capital punishment absolutely, but did take the view that in a well-ordered society based on moral persuasion, capital punishment would become unnecessary. Her sentence was later reduced. Open trial in second instance court - In cases that may result in immediate execution, there must be an open trial. The judicial personnel directing the execution shall verify the identity of the criminal offender, ask him if he has any last words or letters, and then deliver him to the executioner for the death sentence. The list of capital crimes includes counter-revolutionary crimes, such as organizing an "armed mass rebellion"; endangerment of public security, such as committing arson; and crimes against the person, such as the rape of a person under the age of 14. In China, the death penalty was rarely used during the reign of Tang Emperor Xuanzong (712-756). Lai … Because of the inaccessibility to official statistics of the number of executions that occur within the death penalty system, academic researchers must use data compiled by NGOs such as Amnesty International, which is the most cited source of reports regarding rates of execution statistics. [36] The judges write reports summarizing the case, discuss the case, and then report the decision to the division head, SPC vice president, and finally the SPC president. A high-profile death sentence will send a message, though its interpretation depends on the audience, said Joshua Rosenzweig, the deputy regional director for East and Southeast Asia at Amnesty International. The former chairman of a majority state-owned asset management company has been handed the death sentence following what has been described as one of China’s biggest financial crime cases. Death sentences shall be executed by means of shooting or injection. In recent times, the People's Courts’ judicial police officers (Chinese: 法警; pinyin: fǎjǐng) assumed this role. [54], A survey conducted in 2008 by the Max Planck Institute showed that 60 percent of survey respondents in Beijing, Hubei, and Guangdong supported the death penalty. [59], Capital punishment is deeply entrenched in the Chinese legal system, as the judiciary maintains the interests of the Communist Party of China. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court. Zhen Lin is one of the few people inside China working to advocate against the death penalty. China maintains the death penalty for a host of non-violent offences, such as drug trafficking and economic crimes. For those seniors who have committed crimes of negligence, their sentences can be lighter or mitigated. The death penalty is a major concern in the legal and humanitarian fields. As a rule, the death penalty is preceded by court proceedings that result in the death sentence followed by the execution. [26][27][28][10] Given conservative and variable estimates of executions in China, executions in China account for more than 58% in 2009 and 65% in 2010 of those worldwide.[29]. Through international interventions and policies, like the European Union-led campaign against the death penalty in China since the mid-2000s, there has been an increased exchange of anti-death penalty knowledge and ideologies, dissemination of original information, and legislation geared towards scaling down the wide application of the death penalty. A court in China has sentenced 10 people to death, mostly for drug-related crimes, in front of thousands of onlookers before taking them away for … Amnesty … Notice Improving Work on Open Trial for Second Instance Case with Death Sentences (December 7, 2005), Provisions on Some Issues Concerning the Court Trial Procedures for the Second Instance of Cases Involving the Death Penalty (for Trial Implementation) (September 21, 2006), Amendment to the Organic Law of the People's Court (October 31, 2006), Provision of the SPC on Several Issues Concerning the Review of Death Penalty Cases (February 27, 2007), Opinion on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases (March 9, 2007), Provisions Concerning Issues in Examination of Evidence in Handling Death Penalty Cases (June 13, 2010), Regulation on Issues Concerning Exclusion of Illegal Evidence in Handling Criminal Cases (June 13, 2010). Death sentences may be executed at the execution ground or in designated places of custody. "[29], Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society has vocally advocated for its abolition except some that are based in Europe. When a draft of the Amendment was published in 2010, a foreign reporter commented, "it is believed that the proposed amendment is one of several moves by the Chinese government to soften its image as the world's biggest executioner. In 2009, Amnesty International counted 1718 executions as having taken place during 2008 (which equates to 0.0001%, or 1 in 1,000,000 of the Chinese population[31]), based on all information available. [19] For example, King Wu of the Western Zhou ordered officials who violated royal regulations, failed to carry out their duties, or "promulgated innovations" to be put to death; 39 military officials were executed following a peasant uprising during the Tang dynasty; the six gentlemen of the Hundred Days' Reform, who advocated social reform in the late Qing dynasty were executed. If, before the execution, it is found that there may be an error, the execution shall be suspended and the matter shall be reported to the Supreme People's Court for decision. [41] Since April 2019[update], a proposed extradition bill has sparked massive protests. China: Death Penalty Crimes to Be Reduced (Aug. 31, 2010) On August 23, 2010, a proposed amendment to the Criminal Law of the People's Republic of China was presented to the Standing Committee of China's National People's Congress (NPC). [63] In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice. Reports of executions for business-related crimes dropped, though they did not disappear. “This could be a message to the public that the Xi regime is still treating corruption as a serious issue, or it could be a message to the business elite in China that they need to keep their noses clean,” Mr. Rosenzweig said. In 2011, China abolished the death penalty for 13 crimes in Amendment VIII to the Criminal Law of PRC,[29] which was the most important amendment passed since 1997. Lai Xiaomin in 2016, when he was chairman of the Chinese lender Huarong Asset Management. Exercise of the death penalty in general - After changes, the reform officially stated the principle of killing fewer and cautiously. Thus, capital punishment contributes to the legitimacy of the Communist Party, as the regime is therefore satisfying public sentiment and indignation when corrupt officials are executed. It is especially worth noting that in Japan at about the same time, beginning in 724, the death penalty was actually abolished, and miraculously, it was not used for 347 years after that. The cooperation between excellent Chinese … Exclusion of illegal evidence - Evidence that is not acquired through legal means, like confessions obtained through torture must be excluded. The judgment against Lai Xiaomin, a former chairman of Huarong Asset Management, followed a shift away from capital punishment for white-collar crimes. Nowadays, the issue of whether the death penalty should be abolished in China is still a controversial topic. Huarong did business deals with some of China’s flashiest private companies at a time when they were feeling ambitious. China’s highest court approved the death sentences carried out in Lufeng, according to local media reports. Some supporters of the death penalty believe that the legitimacy of the death penalty depends on a fair and just judiciary, but the current legal system in China is disproportionately skewed against the disenfranchised. [38] During the 1980s, "economic crimes" such as bribery, drug trafficking, and embezzlement were added to the legal code. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. The National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55. 2.The Death Penalty in China and its Historical Evolution 2.1. [39] The SPC also issued a policy in 2007 which required lower courts to arrange for the visitation of condemned criminals by relatives; forbade the practice by local authorities of parading prisoners on death row; and required that executions be publicly announced. In 2013, officials executed Zeng Chengjie after a court convicted him of financial crimes. Later, amputation became less common, but capital punishment and corporal punishment remained. The death penalty was abolished in Britain in 1965, but there has been much debate over if it should be reintroduced. There was wide variability in the number of types of capital offences over time. China executes more people than rest of world combined, Amnesty report reveals. "Canada is profoundly concerned that China has chosen to apply the death penalty to Mr. Xu. Death Penalty (immediate execution) cases review body - SPC reassumes power to review immediate execution cases. Simon & Schuster faces calls to drop Senator Hawley’s book. Don’t be too emotional, China cannot wantonly abolish the death penalty. Spreading rumors and undermining morale during wartime. [36] Each case is then assigned to a panel of three judges, one of whom is designated as the principal case manager. The death penalty handed out to a former Chinese finance chief found guilty of corruption has been heavily criticised by human rights groups. The previously unseen photographs have emerged for the first time in nearly a decade - and give an incredibly rare glimpse into final moments of … He confessed to taking cash bribes last year in a televised show on state media. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. However, the public opinion was that the sentence was too light. But sub-Saharan Africa named 'beacon of hope' as overall global rates fall . Why China Is Sentencing a Tycoon to Death The harsh penalty against Lai Xiaomin is likely a warning to others in the sprawling state-run financial sector to stick to their duties. [58] However, reducing or abolishing the use of death penalty has become a topic of open discussion over the recent years. [10], The cases of Li Yan (2014) and Wu Ying (2012) are two examples in which the Supreme People's Court reversed a death sentence pronounced by lower courts. The term death penalty describes the legally sanctioned killing of a human being. [58], Because of the wide application of capital offenses in Chinese criminal law, substantial use of capital punishment, and the hidden numbers of the execution rate, the Chinese death penalty system has been criticized by many international organizations from perspectives such as the right to live, presumption of innocence and proportionality. Under public pressure, the Supreme People's Court took the case and retried the leader, resulting in a death sentence which was carried out immediately. By [citation needed], The role of the executioner was fulfilled in the past by the People's Armed Police soldiers. She works for a small non-government organisation called China Against the Death Penalty. [61] However, the vast majority of death sentences, as acknowledged by both the Chinese Supreme Court and the United States Department of State, are given for violent, nonpolitical crimes which would be considered serious in other countries. To understand how reforms justify the use of capital punishment, it is important to investigate how and why policies have changed over China’s history. Revolution in Hankow / Hankou, 1911. The campaign has taken down some of his most powerful rivals. By both confirmed and estimated data, the number of executions from capital punishment in Mainland China is far higher than any other country, while the number per capita is comparable to Vietnam and Thailand, and lower than several other countries, including Saudi Arabia, Iran and the United States. In Mainland China, there are 46 criminal offenses eligible for the death penalty. Article 1 states that seniors aged 75 years old or older who have committed crimes may be given lighter sentences. [6] Shooting executions were discontinued in 2010 per a People's Supreme Court ruling of February 2009 which held that lethal injection is … This page was last edited on 7 January 2021, at 09:44. Among them were CEFC China, an energy company, and HNA, a conglomerate with businesses ranging from hotels to airlines. In many instances the application of the law is arbitrary. [55], Since 2005, China has experienced significant reforms on the death penalty system. [29], In addition to decreasing the number of capital offenses, in Article 3 of Amendment VIII, the article states that seniors aged 75 years old and older should only be sentenced to death when they have caused the death of another person by cruel and unusual means. “A lot of the messages that the Chinese authorities try to send with these judgments, you are meant to fill in the blanks and come to your own conclusions,” he said. [64][65] In December 2005, China’s deputy health minister Huang Jiefu admitted that the country harvested organs from executed prisoners. Revolution in China 1912, Prisoners for execution - the fatal blow, China. China executes more people than rest of world combined, Amnesty report reveals. 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