![]() The lack of a definition has led to an inconsistent interpretation in courts across China. First, what makes a crime “heinous,” thus worthy of the death penalty, remains unclear. The primary criticism regarding the death penalty laws in China consists of two points. Even if a defendant does not appeal against the Intermediate People’s Court’s decision, it is still automatically reviewed by the Supreme Court. However, each case involving the death sentence is sent to the country’s Supreme Court for review. The defendant cannot appeal the High People’s Court’s judgment. If found guilty and sentenced to death, the defendant can appeal in the High People’s Court. In terms of the trial process, it begins with the first trial taking place at an Intermediate People’s Court. Currently, 42 crimes carry the death penalty in China. Furthermore, article 49 establishes that people who committed the crime in question whilst younger than the age of 18 and women who are pregnant at the time of the adjudication shall not be given the death penalty. Further, article 50 states that if a person who has received the two-year suspension period does not intentionally commit any crimes within the suspension period, he is to be given a reduction of sentence to life imprisonment. It also provides that if immediate execution is not necessary, a two-year suspension on the death penalty may be announced. THE CHINESE LEGAL FRAMEWORKĪrticle 48 of the Criminal Law of the People’s Republic of China (PRC) provides that “the death penalty is only to be applied to criminal elements who commit the most heinous crimes”. ![]() This raises questions regarding how state killings are regulated in the country and where that regulatory framework stands when put to test within the context of the international human rights system. The report alleges that “each year thousands of people are executed and sentenced to death” in China, where the data concerning the use of the death penalty is considered a state secret. ![]() The report, however, did not include any figures about death penalty’s use in the country that is infamous for using it the most, China. Amnesty International’s report on the use of the death penalty in 2020 revealed that at least 483 people were executed around the world last year. Ibn Khaldun, a 14th century Tunisian sociologist, was of the view that a “government prevents injustice, other than such as it commits itself,” which accurately describes the use of the death penalty in China.
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