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Criminals who have been sentenced to death for immediate execution [gf]202c[gf] are indeed incapable of exercising any political rights after being executed. Why, then, is there an explicit addition to the law the deprivation of their political rights?This may seem redundant, but it actually has its own deep reasons and significance.
Political rights[gf]202c[gf] are legally defined to include the right to vote and to stand for election, freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom of procession and demonstration, and the right to hold positions in state organs and leading positions in state-owned enterprises, public institutions and people's organizations. In China's [gf]202c[gf][gf]'s criminal law system, deprivation of political rights is an additional punishment, which can be carried out alone or in conjunction with other main punishments such as the death penalty and fixed-term imprisonment. Especially when it comes to serious crimes, such as intentional homicide, etc., it is aimed at further restricting the criminal's ability to carry out social activities as a punishment for his serious crimes.
Political deprivation of [gf]202c[gf]rights[gf]202c[gf]lifetime[gf]202c[gf]represents a radically negative evaluation of criminals. For those individuals sentenced to death for serious crimes such as intentional homicide, arson, etc., the deprivation of their political rights is not only a punishment for their personal actions, but also a total denial of their political and moral status. There is a time lag between the death sentence and the actual execution, and theoretically, the offender may not be executed due to pardon or other reasons. If, during this time, criminals continue to retain their full political rights[gf]202c[gf], they have the opportunity to use these rights to continue to pose a threat to society and ***.
Some rights, such as the right of publication, freedom of expression, etc., may continue to exist even after an individual has been sentenced to death. If these rights are not denied, the extreme[gf]202c[gf]sexual [gf]202c[gf][gf][gf] speech of the condemned prisoners will continue to be disseminated through books, audio-visual and other forms, thus having a long-term impact on society. In particular, for those individuals who have committed crimes that seriously endanger social order, their words and thoughts are more [gf]202c[gf]inflammatory and dangerous. Therefore, the deprivation of political power [gf]202c[gf] of such criminals is also aimed at preventing the continuation and spread of their influence.
Opposition to the denial of political rights to death row prisoners argues that this practice is an excessive denial of human rights. They believe that even individuals who have committed serious crimes should retain basic human rights, including political rights. In other words[gf]202c[gf], even in the most extreme cases, a person cannot be completely deprived of their fundamental rights. This view is reflected in international human rights law and in the legal practice of certain countries, emphasizing that even criminals still enjoy certain fundamental and inalienable rights. However, in specific legal practice, it is necessary to make a specific analysis according to the social environment and legal system of each country.
In the criminal justice [gf]202c[gf] system of our country, considering the maintenance of social order, the deprivation of political rights of serious criminals, especially those on death row, is a necessary legal means. This is not only a punishment for his crimes, but also to protect the safety and interests of the majority of society. The primary purpose of the law is to maintain the overall stability and public safety of society, not simply to protect the rights of individuals. Moreover, the death penalty itself is an extreme punishment, and once executed, the offender is deprived of his right to life, and at the same time[gf]202c[gf]deprivation of [gf]202c[gf][gf]political rights becomes a logical supplement.
At the international level, different national and regional legal systems have different rules and practices on whether or not death row prisoners should be deprived of their political rights. Some countries carry out the death penalty while retaining certain fundamental rights of prisoners, reflecting respect for human rights. But equally, these countries often have strict laws and systems in place to prevent criminals from using their rights to cause greater harm to society. Thus, the question of whether to deprive prisoners of death row of their political rights is not only a legal one, but also a complex one involving the concept of State governance, the socio-cultural context and international human rights standards.
The deprivation of political rights of condemned prisoners[gf]202c[gf] has its legal basis and practical necessity. This approach aims to completely deny the political and moral status of serious criminals and prevent them from continuing to cause harm to society, while also reflecting the consideration of the protection of social order. Although there are different views in international law and in the practice of some countries, it is reasonable and necessary to deprive prisoners of the death penalty of their political rights in specific contexts, taking into account the legal systems and socio-cultural backgrounds of different countries.