The death penalty

FESTIVAL ACTIVITIES: Prisoners celebrate China's Lunar New Year in a prison in Beijing on February 14, 2010 (HE JUNCHANG)

By law, death penalty in China can be applied to those between the age of 18 and 74 who have been convicted of serious crimes such as murder, robbery and rape. Death sentences are subject to approval by the Supreme People's Court. On some sentences, the supreme court will impose a death sentence with a two-year reprieve, which can eventually be reduced to imprisonment of up to 20 years.

According to the amendment, the supreme court will approve or overturn death sentences after proper review. If the supreme court overrules the death sentence, it may remand the case for retrial or issue a new judgment.

During review proceedings, the supreme court shall question the defendant. The defense attorney's opinions shall also be heard. The supreme procuratorate, the top prosecution department of the country, can then suggest to the supreme court and the latter shall also inform the supreme procuratorate of the result of review.

Lang Sheng, Deputy Director of the Commission for Legislative Affairs of the NPC Standing Committee, said China is committed to limiting the use of death penalty. The amendment to the Criminal Law adopted by the NPC in 2011 reduced the number of crimes punishable by death by 20 percent to 13, a clear indicator that the nation is trying to limit the use of capital punishment, Lang said.

'Special' procedures

The amendment to the Criminal Procedure Law has also added four special procedures for juveniles and other cases involving "special" circumstances.

First, the amendment stipulates special procedures for cases involving juveniles. For juveniles, defined as any person under the age of 18, the amendment sets certain special designs for the litigation proceeding. Juveniles who commit crimes that infringe upon someone's personal or property rights or upset social administrative order may be subject to imprisonment of up to one year. The people's procuratorate can make conditional decisions not to initiate prosecution if the suspects show repentance.

To help convicted minors' transition back into society after serving their sentences, the amendment also states that the criminal records of those under the age of 18 who have received sentences of less than five years will be sealed to any non-judicial body.

Wang Zhaoguo said this procedure will protect minors' procedural rights and other legitimate rights and interests.

Second, the amendment sets up the victim-offender reconciliation mechanism for some criminal cases. According to the amendment, the mechanism applies to intentional crimes caused by private disputes subject to imprisonment for up to three years, as well as crimes of negligence subject to imprisonment for up to seven years. The mechanism will not apply to cases where the suspects or defendants have committed intentional crimes within five years. Lenient punishment will be given to the defendants if reconciliation is reached between the victims and offenders.

Wang Zhaoguo said this mechanism is to help settle disputes. And to prevent abuse of the mechanism for unfairness, adoption of this mechanism will be prudent and the scope of cases applicable to this mechanism will be limited.

Third, the amendment allows the illegally obtained assets of suspected corrupt officials or terrorists who have fled the country or died to be confiscated. Prosecutors can apply with the courts to seize the assets of those accused of major crimes related to corruption or terrorism, but it must be on the condition that the suspects are not arrested a year after an arrest warrant is issued, or they have died, and the confiscation must be in accordance with the country's Criminal Law. This part of the amendment seeks to conform to the requirements of the international anti-corruption convention China joined in 2005 and related anti-terrorism resolutions.

Wang Zhaoguo said criminal procedures cannot be started if the suspects run away or die, and their illegally obtained properties cannot be confiscated. With this procedure, if any corrupt officials flee away to foreign countries in the future, a Chinese court can confiscate their assets that remain in the country.

Fourth, the amendment stipulates compulsory medical treatment procedures for mentally ill persons who bear no criminal responsibility.

According to Article 18 of the Criminal Law, a mentally ill person who causes dangerous consequences at a time when he is unable to recognize or unable to control his own conduct does not bear criminal responsibility after being established through accreditation of legal procedures. The article goes on to say that "his family or guardian shall be ordered to subject him to strict surveillance and arrange for his medical treatment. When necessary, he will be given compulsory medical treatment by the government."

But in reality, many family members or guardians of mentally ill persons fail to make effective surveillance and arrange medical treatment. As such, the amendment to the Criminal Procedure Law sets up the procedure for compulsory medical treatment of mentally ill persons.

"Transferring this responsibility from family members and guardians to judicial departments ensures the public's safety and the mentally ill persons' safety as well," said Yu Guoqing, a NPC deputy.