Refusing to arrest after driving drunk is generally not punishable by the death penalty, which is only applicable to criminals with extremely serious crimes.
The death penalty shall be submitted to the Supreme People's Court for approval, except that it shall be decided by the Supreme People's Court according to law. A death sentence with a suspension of execution may be sentenced or approved by a higher people's court.
[Legal Basis]
According to Article 48 of the Criminal Law, the death penalty is only applicable to criminals who have committed extremely serious crimes. If it is not necessary to execute the sentence immediately, a criminal who should be sentenced to death may be sentenced to death with a two-year suspension of execution.
The death penalty shall be submitted to the Supreme People's Court for approval, except that it shall be decided by the Supreme People's Court according to law. A death sentence with a suspension of execution may be sentenced or approved by a higher people's court.
