China tempers justice with mercy by amending Criminal Law
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The top legislature of China on Monday began the first reading of an amendment to the Criminal Law, which proposes reducing the number of crimes subject to the death penalty and creating tougher punishment for those involved in organized crime.
The amendment, the eighth to the country's 1997 version of the Criminal Law, is meant to further implement the policy of tempering justice with mercy, according to a statement by the Chairmen's Council of the National People's Congress (NPC) Standing Committee.
It is also meant to better prevent, reduce and punish crimes, as well as educate and reform criminals, the statement said.
FEWER CRIMES SUBJECT TO DEATH PENALTY
China currently stipulates that 68 crimes are punishable by the death penalty. However, the draft amendment eliminates capital punishment for 13 economic-related non-violent offences, a drop of 19.1 percent.
The 13 crimes to no longer be punishable by possible death include smuggling from the country prohibited cultural relics, gold, silver, and other precious metals and rare animals and their products; falsely issuing exclusive value-added tax invoices to defraud export tax refunds or offset taxes; and teaching methods for committing crimes, among others.
If the amendment becomes law, it would be the first time the number of crimes subject to the death penalty has been reduced since the People's Republic of China enacted its criminal law in 1979.
It will also be a major move by China to limit the use of the death penalty since the Supreme People's Court, in 2007, resumed the review and approval of all death penalty decisions.
The draft amendment also allows for leniency to offenders below 18 years or above 75, by stating that the death penalty is not to be applied to people above 75 at the time a crime is committed.
Previously, only those under age 18 at the time a crime was committed, and women pregnant at the time of the hearing, were exempt from capital punishment.
According to the draft amendment, a person who reached the age of 75 and commits a crime could be given a mitigated punishment.
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