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If a criminal constitutes a major crime, he will be execute a condemned convict Do you know the procedure of executing the death penalty?
1. If, before the execution of the death sentence, a criminal requests to meet his relatives or his close relatives to apply for meeting with the criminal, the people's court may grant permission.
2. When a people's court delivers a criminal for execution, it shall notify the people's procuratorate at the same level to send personnel to supervise him on the spot three days before he delivers him for execution.
3. Before the execution of a death sentence, the judge directing the execution shall verify the identity of the criminal, that is, carefully check the name, sex, age, native place, basic criminal facts and other information of the person to be executed, so as to ensure that the person to be executed is the death penalty criminal determined by the judgment or ruling, so as to prevent wrongful killing; Also ask the criminal if he has any last words or letters, make a record, and then hand it over to the executioner for execution.
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Usually, those who are executed are criminals who have committed extremely serious crimes Execution of death penalty The procedures, methods and other contents are not very clear. What are the usual ways of executing the death penalty?
Death penalty, also known as capital punishment and execution, is the oldest punishment One is that the executioner ends a prisoner's life based on the power conferred by law. The criminals who suffer from this method of deprivation of life usually commit serious crimes locally.
The death penalty shall be executed by shooting or injection.
Sentenced and approved by the Supreme People's Court Immediate execution The President of the Supreme People's Court shall sign and issue an order to execute the death sentence.
After receiving the order of the Supreme People's Court to execute the death penalty, the people's court at a lower level shall deliver it for execution within seven days.
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《 criminal law 》The highest punishment stipulated in the Law of the People's Republic of China is the death penalty, which is a punishment that deprives criminals of their right to life. Do you know how the death penalty is executed in practice?
A criminal sentenced to death with a two-year suspension of execution shall be sentenced to Death penalty with a reprieve During the period, if there is no intentional crime and the death sentence is suspended, the sentence shall be commuted, and the executing organ shall submit a written opinion to the Higher People's Court for a ruling; If an intentional crime is proved to be true and the death penalty should be executed, the Higher People's Court shall report it to the Supreme People's Court for approval. The President of the Supreme People's Court shall sign and issue an order for the immediate execution of a death sentence sentenced or approved by the Supreme People's Court.
Before handing over a death sentence for execution, the people's court shall notify the people's procuratorate at the same level to send personnel to supervise on the spot. The death penalty may be executed on the execution ground or in a designated place of detention, and may be executed by shooting or injection.
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If the crime committed by a criminal is extremely bad and serious, which has a serious impact on society, the court can sentence the criminal to death in accordance with China's Criminal Law. Generally speaking, the execution of the death penalty requires a series of procedures, and there are time limits. Then our country execute a condemned convict How is the time set?
All death sentences on appeal shall be pronounced in the second instance and approved by the High Court if no appeal is made. However, they must be reported to the Supreme People's Court for approval and implemented within 7 days after approval. Because of the need for approval by the Supreme Law, the first instance and the second instance will not tell the date of implementation, nor will the Supreme Law tell the date of approval in advance, nor will they tell it in writing. Only people inside the court may know when the approval is about to be made. For the sake of security, insiders generally do not need to approve the disclosure in advance.
Generally, I and my family members will be informed one day in advance, and the media will be informed that the day of implementation is generally the same day, but sometimes one day in advance. However, the time limit from the first instance judgment to approval varies. Although there is a time limit for the first and second instance, it is mainly because there is no time limit for the approval period of the Supreme Court.
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The Criminal Law of our country divides the "death penalty" into two types: execution with a two-year suspension of time and immediate execution of the death penalty. Today, I bring you this related content. There are places about the execution of the death penalty, and some friends are curious about it. I have sorted out some for your reference.
The death penalty may be executed on the execution ground or in a designated place of detention. The execution ground shall not be located near busy areas, major traffic routes or tourist attractions. The death penalty is executed by shooting or injection. If the people's court has the conditions to execute the death penalty by shooting, it shall deliver it to the judicial police for execution; Unconditional execution; It can be handed over to the armed police for execution. The public security organ shall be responsible for guarding against death penalty execution. If a person executes a death sentence by injection, he shall be sentenced to Executed on the spot or in the place of custody. If a death sentence is executed by means other than shooting or injection, it shall be reported to the Supreme People's Court for approval in advance.
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Consultation on execution of death penalty
Lawyer Yan Zhongjun Recent reply:
Hello! You can ask the court to mail it to you instead of taking it; You can also let the court take photos and send them to you in the form of MMS.
Ask me a question
Law Chart Yichang Lawyer Recent reply:
Resolution: Such is the case. The person on bail has the right to go to another place, but he must obtain the permission of the executing organ in advance. To obtain a guarantor pending trial, that is, the public security, procuratorial and judicial organs, in the process of criminal proceedings, require those who have not been detained but have been prosecuted for criminal offences, in accordance with relevant laws and regulations, to provide a guarantor or pay a deposit, and at the same time issue a corresponding guarantee, in order to prevent them from escaping the investigation, prosecution and trial proceedings, To ensure that they can be summoned at any time, which is a criminal coercive measure. According to the current laws and regulations of our country, the criminal suspects and defendants who have been released on bail must strictly abide by the regulations that they must not leave the city or county where they live without the approval of the executive organ. Therefore, although the person on bail has the right to travel to other places, he or she must obtain the approval of the executive organ in advance. Legal basis: Article 67 of the Criminal Procedure Law The People's Court, the People's Procuratorate and the public security organ may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances: （1） Those who may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment; （2） It may be sentenced to fixed-term imprisonment or more, and the adoption of guarantor pending trial will not cause social danger; （3） A woman who suffers from a serious disease, cannot take care of herself, is pregnant or breast-feeding her own baby, and takes a guarantor pending trial, which will not cause social danger; （4） When the term of custody expires, the case has not been completed and it is necessary to obtain a guarantor pending trial. Obtaining a guarantor pending trial shall be executed by the public security organ.
Lvtu Haibei Lawyer Recent reply:
Resolution: Generally, after the application is approved, the suspect who is released on bail should leave the detention center within 24 hours. When the public security organ receives the relevant legal documents and materials, they must immediately transfer them to the county level public security organ where the suspect resides for execution. The county level public security organs responsible for this task need to complete the following work within 24 hours: 1. Verify the identity information of the person on bail and the guarantor and the relevant materials submitted; 2. Issue a notice of execution to the local police station where the suspect resides. Legal basis: Article 71 of the Criminal Procedure Law A criminal suspect or defendant who has obtained a guarantor pending trial shall comply with the following provisions: （1） Not to leave the city or county where they live without the approval of the executive organ; （2） If there is any change in the address, work unit or contact information, a report shall be made to the executing organ within 24 hours; （3） Arrive at the case in time when being summoned; （4） Do not interfere with the witness in any form; （5） They shall not destroy or forge evidence or collude with others. The People's Court, the People's Procuratorate and the public security organ may, according to the circumstances of the case, order the criminal suspect or defendant who has obtained a guarantor pending trial to observe one or more of the following provisions: （1） Do not enter specific places; （2） Not to meet or communicate with specific personnel; （3） Do not engage in specific activities; （4） The exit and entry certificates such as passports and driving certificates shall be handed over to the executive organ for preservation. If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding two paragraphs and has paid the security deposit, part or all of the security deposit shall be confiscated, and according to the circumstances, the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the security deposit again, provide a guarantor, or be placed under residential surveillance or arrested. If it is necessary to arrest a person who violates the provisions on obtaining a guarantor pending trial, the criminal suspect or defendant may be detained first.
Lawyer Puyang Recent reply:
Resolution: The sentencing of rape is mainly determined according to the Criminal Law of the People's Republic of China. Although the death penalty is not necessarily applicable to all types of rape crimes, in some extreme cases, such as those involving the death of the victim due to rape or other serious circumstances, the judicial organ can decide to impose the death penalty according to law. However, in the actual trial process, the court will comprehensively consider a variety of factors, including the specific nature of the criminal act, whether the defendant has deep repentance, and the legitimate rights and interests of the victim. Legal basis: Article 236 of the Criminal Law of the People's Republic of China Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment. Whoever rapes a woman or rapes a girl under age shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death （1） Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant; （2） Raping women or raping young girls; （3） Raping a woman or raping a young girl in public; （4） Gang rape by two or more persons; （5） Raping a young girl under the age of 10 or causing harm to the young girl; （6） Causing serious injury or death to the victim or causing other serious consequences.
