On Thursday a Supreme People's Court (SPC) spokesman emphasized China's intention to place strict controls over the use of the death penalty ahead of January 1, 2007. This is the date the court takes back the power of death penalty review.

 

"China's consistent principle is to maintain the death penalty but use it strictly," said the spokesman. "China's courts will adhere to this principle, use the death penalty with great caution and minimize its use to ensure capital punishment is only given to a handful of criminals who commit extremely serious crimes," he said.

 

The SPC would further reduce the use of the death penalty for crimes, for which capital punishment was commonly used in the past, explained the spokesman. He said the defendant's rights should be fully safeguarded and any testimony extracted through illegal means be declared invalid.

 

The SPC held that the method of handing down the death penalty with a reprieve not only severely punished crimes and serves as a major deterrent but also reduces the number of executions. This method shall be used more in future, the spokesman said.

 

Increased leniency would be shown when measuring penalties, according to the spokesman. "Those who plead guilty and provide important information or those who are accessories in a criminal case will, in general, be given more lenient punishments," he said.  

 

The death penalty would be administered very cautiously in criminal cases involving disputes between families and neighbors, according to the SPC. "But for extremely serious criminal cases with overwhelming evidence the death penalty, with immediate execution, will be passed down without hesitation," added the spokesman.

 

To have adequate personnel to review death penalty cases the SPC has added two vice president posts, two full-time judicial committee members and three criminal tribunals.

 

The SPC has five criminal tribunals. One is responsible for reviewing the death penalty for economic crimes and the other four will review death penalties handed down for all other crimes, said Jiang Xingchang, SPC vice president.

 

The SPC has seconded qualified judges from local courts, experienced lawyers and law professors to carry out death penalty reviews.  

 

"In death penalty reviews judges must fully scrutinize the evidence, laws and regulation application, measurement of penalty, the litigation process in the previous trial and should hear the defendant out either in person or by letter before they reach a final decision," said Zhang Jun, SPC vice president.  

 

Zhang said if judges found evidence was inadequate, the measurement of the penalty improper or the litigation process illegal when reviewing the death penalty they should submit the case to the SPC judicial committee. They'll further consider the case with a procurator in attendance from the Supreme People's Procuratorate.

 

"Death penalty cases without an open second trial will not be reviewed by the SPC but sent back to the court of second instance for open trial," said Xiong Xuanguo, SPC vice president. Xiong also said the SPC would improve supervision and guidance to intermediate and higher courts in cases where death penalties were imposed.

 

The SPC is drafting a circular to further regulate the trial process of courts of first and second instance. It also promised to root out corruption and nepotism among its judges.

 

"Judges who are found to have taken or offered bribes or have abused their power will be instantly deposed and will face criminal charges if their actions break the law," said Xiao Yang, SPC President.  

 

The SPC would improve internal supervision to leave no room for corruption after it recovers the right of death penalty review, said Xiao.

 

(Xinhua News Agency December 29, 2006)