The number of people executed has dropped in the first five
months of the year after the Supreme People's Court was again given
the right to review and approve all death penalties handed down in
the country.
Data from the Beijing No 1 and No 2 intermediate people's courts
suggests the number of death sentences in first trials resulting in
immediate execution dropped 10 percent year-on-year.
Ni Shouming, spokesman for the highest court, said the situation
is similar across the country, but declined to give details.
He stressed that both the highest court and lower-level courts
are now more careful when handing out the death penalty.
"The lower courts have to be more prudent now. If a case is sent
back for a retrial by the highest court, it not only means the
first judgement is wrong, but also a matter of shame for the lower
court," said Ni.
From 1981, the apex court began to grant provincial courts the
authority to pronounce death sentences amid rising crime.
The practice, widely criticized in recent years - especially
after reports of miscarriage of justice - came to an end on January
1 when the supreme court was given the sole power to review and
ratify all death sentences.
Chen Weidong, an expert on criminal law with Renmin University
of China, predicted the number of death sentences will drop 20
percent this year.
"Leniency and more judicious use of capital punishment is the
trend of the time, a concept in line with international practice,"
Chen said.
Earlier this year, Chief Justice Xiao Yang urged "extreme
caution" in handing down death sentences, saying "capital
punishment should be given only to an 'extremely small number' of
serious offenders".
Those who plead guilty and provide important information; and
those who are accomplices in a criminal case will receive lighter
punishment, he said.
Ni said that killings triggered by disputes among family members
and neighbors do not necessarily lead to capital punishment now if
the victims' family is financially compensated.
He said the apex court would further reduce the use of death
penalties for such cases as severe economic crimes that used to
attract capital punishment.
Those involved in economic crimes would be given lighter
punishment if they helped recoup losses caused to the State.
"But for extremely heinous cases with iron-clad evidence, the
death penalty will still be passed down," he added.
Ni said the apex court had completed the first draft of a
guideline on death penalty for four categories of crimes - murder,
robbery, drug trafficking and intentional injury - which mostly
resulted in the death penalty.
"The guideline will set a yardstick for all provinces and
promote fairness," he said.
Chen Zexian, deputy director of the Institute of Law of the
Chinese Academy of Social Sciences, said although China will
ultimately abolish the capital punishment, "it has to start from
strict limits on the use of death penalties".
"It takes a long time for society to accept the abolition of the
death penalty," Chen said.
Last year 889,042 people were convicted by courts at all levels
across the country, and 153,724 received sentences of longer than
five years. The figure includes life terms and executions.
(China Daily June 8, 2007)