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	DECISION OF THE SUPREME PEOPLE'S COURT ON THE EXCLUSIVE EXERCISE OF THE POWER TO REVIEW DEATH PENALTY CASES

	(Announcement of the Supreme People's Court (No.12 [2006]), December 28, 2006: Decision of the Supreme People's Court on the Exclusive Exercise of the Power to Review Death Penalty Cases, which was adopted at the 1409th meeting of the Judicial Committee of the Supreme People's Court on December 13, 2006, is hereby promulgated and shall come into force as of January 1, 2007.)


SUBJECT : EXCLUSIVE EXERCISE OF THE POWER TO REVIEW DEATH PENALTY CASES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT
ISSUE DATE : 12/28/2006
IMPLEMENT DATE : 01/01/2007
LENGTH : 609 words
TEXT :

The Decision of the Standing Committee of the National People's Congress on Amending the Organic Law of the People's Courts of the People's Republic of China, which was adopted at the 24th session of the Standing Committee of the 10th National People's Congress of the People's Republic of China, modifies Article 13 of the former Organic Law of the People's Courts of the People's Republic of China into Article 12: "All death penalties, except for those that should be adjudicated by the Supreme People's Court according to law, shall be reported to the Supreme People's Court for examination and approval." The post-amendment Organic Law of the People's Courts of the People's Republic of China shall come into force as of January 1, 2007. According to Article 12 of the post-amendment Organic Law of the People's Courts, you are hereby notified of the following issues:

1. As of January 1, 2007, all notices on authorizing the higher people's courts and military courts of the PLA to review some death penalty cases (see Annex), which were issued by the Supreme People's Courts in accordance with the relevant resolutions of the Standing Committee of the National People's Congress and Article 13 of the former Organic Law of the People's Courts shall be abolished.

2. As of January 1, 2007, except for those judged by the Supreme People's Court in pursuance of law, any death penalty case to be ruled or judged by a higher people's court or military court of the PLA shall be subject to the review of the Supreme People's Court.

3. For any judgment or ruling of death penalty to be executed immediately, which has been reviewed by a higher people's court or military court of the PLA prior to December 31, 2006, the order of execution of death penalty shall be still signed and issued by the president of the higher people's court or by the president of the military court of the PLA.

Annex:

The following notices of the Supreme People's Courts on authorizing the higher people's courts to review some death penalty cases shall be repealed as of the date of implementation of this Notice:

1. Notice of the Supreme People's Court Regarding Several Concrete Provisions on Authorizing the Higher People's Courts to Review the Death Penalty for Some Kinds of Active Criminals (Date of promulgation: March 19, 1980)

2. Notice of the Supreme People's Court Regarding the Implementation of the Decision of the Standing Committee of the National People's Congress on the Review of Death Penalty Cases (Date of promulgation: June 11, 1981)

3. Notice of the Supreme People's Court on Authorizing the Higher People's Courts to Review Some Death Penalty Cases (Date of promulgation: September 7, 1983)

4. Notice of the Supreme People's Court on Authorizing the Higher People's Court of Yunnan Province to Review Some Drug Crime-related Death Penalty Cases (Date of promulgation: June 6, 1991)

5. Notice of the Supreme People's Court on Authorizing the Higher People's Court of Guangdong Province to Review Some Drug Crime-related Death Penalty Cases (Date of promulgation: August 18, 1993)

6. Notice of the Supreme People's Court on Authorizing the Higher People's Courts of Guangxi Zhuang Autonomous Region, Sichuan Province and Gansu Province to Review Some Drug Crime-related Death Penalty Cases (Date of promulgation: March 23, 1996)

7. Notice of the Supreme People's Court on Authorizing the Higher People's Court of Guizhou Province to Review Some Drug Crime-related Death Penalty Cases (Date of promulgation: June 23, 1997)

8. Notice of the Supreme People's Court on Authorizing the Higher People's Courts and Military Courts of the PLA to Review Some Death Penalty Cases (Date of promulgation: September 26, 1997)