2024/9/2 凌晨12:21
Criminal Law of the People's Republic of China
Article 48 Death penalty applies only to an offender who commits extremely serious crimes. Where
the immediate execution of death sentence is not deemed necessary, a two-year reprieve may be
announced at the same time the death sentence is imposed.
Except for judgments rendered by the Supreme People’s Court in accordance with the law, all death
sentences shall be submitted to the Supreme People’s Court for verification and approval. A death
sentence with reprieve may be decided upon or be verified and approved by a high people's court.
Article 49 Death penalty shall not be imposed upon a person under the age of 18 at the time of
committing the crime or upon a woman who is pregnant at the time of trial.
Death penalty shall not be imposed upon a person aged 75 or above at the time of trial, except where
he has caused the death of another person by extremely cruel means.
Article 50 Where an offender sentenced to death with reprieve commits no intentional crime during
the reprieve period, his death sentence shall be commuted to life imprisonment upon the expiration
of the two-year reprieve. If the offender has carried out major meritorious performance during the
reprieve period, the death sentence shall be commuted to fixed-term imprisonment of 25 years upon
the expiration of the two-year reprieve. If the offender commits an intentional crime with
grave circumstances during the reprieve period, the death penalty shall be executed upon
verification and approval by the Supreme People's Court. If, despite an intentional crime
committed during the reprieve period, death penalty is not to be executed, the reprieve period shall
be calculated anew and the case shall be reported to the Supreme People's Court for the record.
When imposing death with reprieve on a recidivist or an offender of intentional homicide, rape,
robbery, kidnapping, arson, explosion, releasing hazardous substances, or organized violent crime,
the people’s court may, based on the circumstances of the crime and other factors, concurrently
decide to impose restrictions on commutation.
Article 51 The period of reprieve for the death penalty is calculated from the date when the
judgment becomes final. The term of fixed-term imprisonment commuted from the death penalty
with reprieve is counted from the date when the period of reprieve expires.
Section 6 Fines
Article 52 The amount of a fine shall be determined according to the circumstances of the crime.
Article 53 A fine shall be paid in a lump sum or in installments within the period specified in
a judgment. If an offender fails to pay upon the expiration of that period, the fine shall be
enforced. If an offender is unable to pay the fine in full, the people’s court shall demand the payment
whenever it finds that he holds executable property.
If an offender truly has difficulties in paying the fine due to an irresistible calamity or for
other reasons, the payment of the fine may be postponed, or the fine may be reduced as appropriate
or be remitted upon a ruling of the people’s court.
Section 7 Deprivation of Political Rights
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_2.htm
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