Zheng Xiaoyu, former head of the State Food and Drug Administration, was found guilty of taking bribes and dereliction of duty. More than 6.49 million yuan (US$811,200) of dirty money bought him the death sentence, lifelong deprivation of political rights, and confiscation of personal assets.
Zheng has decided to appeal. Even if the original ruling is upheld by the local High Court, the court of appeal, the death sentence will not be final until the Supreme People's Court approves it.
There are good and just reasons for either upholding the death sentence or granting a reprieve.
In the Criminal Law, taking bribes worth more than 100,000 (US$12,500) merits a death sentence provided "the circumstances are especially serious".
Zheng took 6.49 million yuan. And the circumstances could hardly be more serious.
He asked for and accepted bribes to have unqualified pharmaceutical factories licensed. Over the years, the factories were directly responsible for the repeated scandals of inferior or fake drugs .
Zheng was a ministerial level official. Few at that level have been executed for corruption.
Although 100,000 yuan is the theoretical threshold for capital punishment for taking bribes, many corrupt officials have received much lighter sentences. The reason is simple - 100,000 yuan is negligible compared with the multi-millions taken by today's corrupt officials.
A considerable proportion of our officials might deserve to die if the 100,000-yuan line is strictly observed.
The lower court's verdict was based overwhelmingly on the devastating consequences of Zheng's crimes in his position of power.
The death sentence is justifiable in that sense. But such emphasis is rare in the prosecution of corrupt officials.
There is the general belief that a public official can be assured of leniency in court. The country may need Zheng's execution to be convinced of the leadership's resolve to end corruption at high levels.
But whether or not Zheng will have to pay with his life should be a matter of judicial deliberation.
Instead of wanting Zheng to die as a warning to others in high positions, we care more about the ultimate judgment serving as a fine judicial precedent.
(China Daily June 1, 2007)
