|
Death penalty, under criminal law, shall only be applied to criminals who have committed extremely serious crimes, such as murder, rape and serious property crimes. If a criminal is sentenced to death, but immediate execution is not necessary, a two-year suspension of execution may be announced at the same time the sentence is imposed.
However, the death penalty cannot be imposed on juveniles who have not reached the age of 18 at the time the crime is committed or women who are pregnant at the time of trial.
If an offender who is sentenced to death with a suspension of execution commits no intentional crime during the period of suspension, his punishment shall be commuted to life imprisonment upon the expiration of the two-year period; if he has truly performed major meritorious service, his punishment shall be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years upon the expiration of the two-year period; if it is verified that he has committed an intentional crime, the death penalty shall be executed upon verification and approval of the Supreme People''s Court.
The death penalty shall be executed by shooting or injection.
PRISONS
1. Administration
The Prison Law provides that the Ministry of Justice supervises all prisons across the country. The Ministry of Justice has a Bureau of Prison Administration that supervises all prisons in the country. In the provinces, offices of justice are responsible for managing prisons in their own jurisdiction through their prison administration arms.
Prisons in China are divided into two categories:
1) Prisons incarcerating inmates who have been condemned by courts to a fixed-term sentence, life sentence or death penalty with two-year suspension. Male and female inmates are warded separately, with female wards managed by female law enforcement personnel. Prisons may also be divided into wards for felons and criminals of misdemeanor.
2) Penitentiaries for juvenile delinquents under 18, who have been condemned by courts to a fixed-term sentence or life sentence. Special protection is extended to juvenile delinquents.
Prisons usually have one warden and several deputy wardens and various administrative departments and staff. The Prison Law provides that the managerial personnel of prisons are members of the police force who enjoy the same legal status as public security police.
2. Fundamental Principles
1) Combining Penalty with Reform. Prisons punish criminals because, without punishment, it is difficult for criminals to come to grips with their crimes and begin their life anew. Punishment is the means, while transformation is the end. The purpose of punishment is to transform criminals into law-abiding citizens.
2) Combining Education with Labor. To effectively reform prisoners, it is also necessary to combine education with labor. Education can be multifaceted: ideological, cultural, vocational and technical.
3. Commutation of Sentence and Parole
1) Commutation of Sentence. The punishment of a criminal sentenced to fixed-term imprisonment or life imprisonment may be commuted if, while serving his sentence, he conscientiously observes prison regulations, accepts education and reform through labor and shows true repentance or performs meritorious services.
|
