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In order to ensure the trial quality of death penalty cases, in accordance with the relevant provisions of the Criminal Procedure Law of the People¡¯s Republic of China and in light of the trial practice, we hereby notify the provisions of the Supreme People¡¯s Court on several issues concerning reviewing death penalty cases as follows: Article 1 When reviewing a death penalty case, the Supreme People¡¯s Court shall make a ruling or judgment of approval or a judgment of disapproval. Article 2 Where in the original judgment of a death penalty case, the facts verified are true, the application of law is correct, the sentencing is appropriate and the legal procedures have been followed, the Supreme People¡¯s Court shall make a ruling of approval. In case the original judgment is not inappropriate in sentencing the defendant to death penalty but a certain fact verified or a clause quoted by the judgment is not completely accurate or normative, the Supreme People¡¯s Court may make a ruling or judgment of approving the death penalty after correcting it. Article 3 Where after reviewing, the Supreme People¡¯s Court believes that the facts verified in the original judgment of a death penalty case are unclear and the evidences are not sufficient, it shall make a ruling of disapproval, cancel the original judgment and remand the case for trial. Article 4 Where after reviewing, the Supreme People¡¯s Court believes that the facts verified in the original judgment of a death penalty case are true but, according to law, the death penalty shall not be sentenced, it shall make a ruling of disapproval, cancel the original judgment and remand the case for retrial. Article 5 Where after reviewing, the Supreme People¡¯s Court believes that the people¡¯s court of the original instance of a death penalty case has violated the legal procedures, which may affect the fair trial of the case, it shall make a ruling of disapproval, cancel the original judgment and remand the case for retrial. Article 6 Where a person is sentenced to death penalty for two or more crimes in a death penalty case involving the joinder of punishments for plural crimes if the Supreme People¡¯s Court believes, after reviewing, that the facts verified in the judgment of death penalty for some crimes are not clear and the evidences are not sufficient, it shall make a ruling on disapproving the whole case, cancel the original judgment and remand the case for retrial; if the Supreme People¡¯s Court believes that the facts verified in the judgment of death penalty for some crimes are correct but, according to law, the person shall not be sentenced to death penalty for these crimes, it may change the original judgment and make a ruling on approving the death penalty sentenced on the person for the other crimes. Article 7 Where two or more persons are sentenced to death penalty in a case, if the Supreme People¡¯s Court believes, after reviewing, that the facts verified in the judgment of death penalty on some defendants are not clear and the evidences are not sufficient, it shall make a ruling on disapproving the whole case, cancel the original judgment and remand the case for retrial; if the Supreme People¡¯s Court believes that the facts verified in the judgment of death penalty on some defendants are correct but, according to law, they shall not be sentenced to death penalty, it may change the original judgment and make a ruling on approving the death penalty sentenced on the other defendants. Article 8 Where the Supreme People¡¯s Court makes a ruling on disapproving the death penalty of a case, it may, in light of the specific circumstance of the case, remand the case to the people¡¯s court of the second instance or the first instance for retrial. As for a case reported to the Supreme People¡¯s Court for reviewing by a higher people¡¯s court after trying it in accordance with the procedure for reviewing, if the Supreme People¡¯s Court makes a ruling on disapproving the death penalty and remand the case to the higher people¡¯s court for retrial, the higher people¡¯s court may review the case or remand it to the people¡¯s court of the first instance for retrial. Article 9 As for a case remanded to the people¡¯s court of the second instance for retrial, the people¡¯s court of the second instance may directly change the original judgment; where it is necessary to hold a hearing to verify the facts and evidences or to correct the breach of procedural law of the original instance, it shall hold a hearing. Article 10 As for a case remanded to the people¡¯s court of the first instance for retrial, the people¡¯s court of the first instance shall hold a hearing. Article 11 As for a case remanded for retrial in accordance with the provision of Article 3, 5, 6 or 7 of these Provisions, the people¡¯s court of the original instance of the case shall form another collegial panel to try the case. Article 12 Where the Supreme People¡¯s Court makes a ruling on approving or disapproving the death penalty of a case, the ruling paper shall quote the relevant articles of laws and judicial interpretations and explain the corresponding reasons. Article 13 These Provisions shall come into force as of the date of promulgation. Where any of the previous judicial interpretations is inconsistent with these Provisions, these Provisions shall prevail. |
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