Appeals are ensured for death cases
China has taken a new move to prevent wrongful convictions in death sentence cases and limit the number of death sentences by ensuring the appeals process for the condemned.
According to a judicial interpretation published by the Supreme People’s Court (SPC) and Supreme People’s Procuratorate on Tuesday, once an appeal has been accepted by a higher court, those sentenced to death are not allowed to stop it.
“In some cases, defendants are threatened by police officers and judges involved in the case, who might be punished for their mistakes if it’s reversed,” Beijing-based lawyer Che Xingyi told China Daily on Wednesday.
According to the top court, some provincial higher courts and procuratorates have been dealing with situations in which the condemned decide to revoke appeals during a second trial.
“As there was no standard regulation for such a situation, some courts have allowed the revocation but some haven’t,” the SPC said. “This interpretation just aims to address the divergence.”
The top court said those who appeal after being sentenced to death must have had doubts about the first trial and so even if they later ask for revocation, the higher court should have a second trial.
Cases involving the death penalty should have stricter procedures to ensure justice, the SPC said.
Compared to a review by a higher court, a second trial with all related parties participating is a better way for judges to identify evidence and reconsider the sentence, analysts said.
Each time a death penalty is delivered by a lower court, the sentence has to be reviewed by the top court before the execution can take place. If a city-level court delivers the death penalty, it has to be reviewed by a provincial court before going to the top court.
“ The latest interpretation will help improve the authority of the judicial system,” said Fan Chongyi, a procedural law expert with China University of Political Science and Law said.
The interpretation is a further step to limit death penalty cases, after the SPC took back its right to review the death penalty cases in 2007, experts said.
Fifteen percent of death sentences were overturned in 2007 and 10 percent were overturned in 2008, insiders told China Daily.
On Monday, China’s top legislature moved to drop the death penalty for 13 nonviolent economic crimes, the latest amendment to the Criminal Law. The amendment, if passed, will be the first time the number of crimes subject to the death penalty has been reduced since the Criminal Law was enacted in 1979.