On Thursday a Supreme People's Court (SPC) spokesman emphasized
China's intention to place strict controls over the use of the
death penalty ahead of January 1, 2007. This is the date the court
takes back the power of death penalty review.
"China's consistent principle is to maintain the death penalty
but use it strictly," said the spokesman. "China's courts will
adhere to this principle, use the death penalty with great caution
and minimize its use to ensure capital punishment is only given to
a handful of criminals who commit extremely serious crimes," he
said.
The SPC would further reduce the use of the death penalty for
crimes, for which capital punishment was commonly used in the past,
explained the spokesman. He said the defendant's rights should be
fully safeguarded and any testimony extracted through illegal means
be declared invalid.
The SPC held that the method of handing down the death penalty
with a reprieve not only severely punished crimes and serves as a
major deterrent but also reduces the number of executions. This
method?shall be used more in future, the spokesman said.
Increased leniency would be shown when measuring penalties,
according to the spokesman. "Those who plead guilty and provide
important information or those who are accessories in a criminal
case will, in general, be given more lenient punishments," he said.
?
The death penalty would be administered very cautiously in
criminal cases involving disputes between families and neighbors,
according to the SPC. "But for extremely serious criminal cases
with overwhelming evidence the death penalty, with immediate
execution, will be passed down without hesitation," added the
spokesman.
To have adequate personnel to review death penalty cases the SPC
has added two vice president posts, two full-time judicial
committee members and three criminal tribunals.
The SPC has five criminal tribunals. One is responsible for
reviewing the death penalty for economic crimes and the other four
will review death penalties handed down for all other crimes, said
Jiang Xingchang, SPC vice president.
The SPC?has?seconded qualified judges from local
courts, experienced lawyers and law professors to carry out death
penalty reviews.?
"In death penalty reviews judges must fully scrutinize the
evidence, laws and regulation application, measurement of penalty,
the litigation process in the previous trial and should hear the
defendant out either in person or by letter before they reach a
final decision," said Zhang Jun, SPC vice president. ?
Zhang said if judges found evidence was inadequate, the
measurement of the penalty improper or the litigation process
illegal when reviewing the death penalty they should submit the
case to the SPC judicial committee. They'll further consider the
case with a procurator in attendance from the Supreme People's
Procuratorate.
"Death penalty cases without an open second trial will not be
reviewed by the SPC but sent back to the court of second instance
for open trial," said Xiong Xuanguo, SPC vice president. Xiong also
said the SPC would improve supervision and guidance to intermediate
and higher courts in cases where death penalties were imposed.
The SPC is drafting a circular to further regulate the trial
process of courts of first and second instance. It also promised to
root out corruption and nepotism among its judges.
"Judges who are found to have taken or offered bribes or have
abused their power will be instantly deposed and will face criminal
charges if their actions break the law," said Xiao Yang, SPC President. ?
The SPC would improve internal supervision to leave no room for
corruption after it recovers the right of death penalty review,
said Xiao.
(Xinhua News Agency December 29, 2006)