Why were these people executed before the Chinese New Year? Reveal why
Why were they all executed before the Chinese New Year?
On January 31, the Fuzhou Intermediate People's Court executed the defendants in the Wu Xieyu, Zhang Bo, and Ye Chengduan cases in accordance with the death penalty order issued by the Supreme People's Court. The news drew public attention, with some netizens questioning why the death penalty was carried out before the Chinese New Year.
With regard to the method of execution of the death penalty, the Supreme People's Court's Interpretation on Issues Concerning the Application of the Death Penalty stipulates that the death penalty may be executed by shooting or lethal injection. If lethal injection is carried out, it must be carried out at the place of execution or in a designated place of detention. The execution of the death penalty must be approved in advance by the Supreme People's Court, and the execution of the death penalty by means other than shooting or lethal injection must also be approved by the Supreme People's Court.
Li Baolian, a lawyer at Beijing Jingshi Law Firm, said that China's death penalty is generally carried out by shooting and lethal injection, and China is the second country in the world to officially adopt the death penalty of lethal injection drugs. With the Supreme People's Court's request for lethal injection, courts in various regions have gradually promoted lethal injection, and although the method of execution by firing squad has not been completely abolished, lethal injection has become popular.
Li Baolian pointed out that Chinese law has strict regulations on the time limit for carrying out the death penalty. According to article 262 of the Code of Criminal Procedure, a lower court must carry out the death penalty within seven days of receiving an order from the Supreme Court to carry out the death penalty. If more than 7 days are not executed, the execution order will be rescinded and the Supreme Court must re-issue the order to carry out the death sentence. Therefore, the approval and execution of death penalty cases are carried out strictly according to the time set by the Code of Criminal Procedure, and there are no special provisions for the execution of the death penalty before public holidays.
Regarding the possible factors of the execution before the Spring Festival, Zhou Zhaocheng, a lawyer at Beijing Anjian Law Firm, said that the execution of the death penalty before the Spring Festival could be considered, so as to avoid unnecessary attention and repercussions during the Spring Festival, and also allow the families of the condemned prisoners enough time to arrange the aftermath and say goodbye to the death row prisoners. The High Commissioner noted that the date of execution may also be influenced by factors such as the judicial process and the timing of the entry into force of the sentence, rather than on the basis of personal preference or the choice of a particular period.
On the other hand, Wang Yuening, a lawyer at Beijing Jingshi Law Firm, believes that the execution of the death penalty before the Spring Festival is also a deterrent for crimes that have a very bad social impact and are subjectively vicious. He believes that cases with major social impact are generally carried out in the year of the final judgment, and the execution of the death penalty before the Spring Festival can be said to be a response of the law to these crimes.
Zhang Weina, a lawyer at Beijing Jingshi Law Firm, pointed out that according to China's Criminal Procedure Law and other relevant provisions, death row prisoners have the right to receive meetings with their family members and relatives and friends before the execution of the death penalty. Three days before the execution of a death sentence, the people's procuratorate at the same level must be notified to appoint personnel to conduct on-site supervision. Before the execution, the presiding judge is responsible for verifying the identity of the condemned prisoner and asking him if he has any last words.
The death penalty may be carried out by firing squad or lethal injection in penal institutions or in specific places of detention. After the execution of the death sentence is announced, there must be no processions or other acts detrimental to the personality of the person being executed. At the end of the execution, the coroner must confirm that the offender is indeed dead, which is recorded by the registrar, and the execution court submits the execution file and ** to the Supreme Court.
Wang Yueling stressed: The system of meeting with condemned prisoners is"Respect and protect human rights"The practical application of this constitutional principle. In the context of China's maintenance of the death penalty in accordance with the law, organizing meetings with convicts and their relatives reflects the humanistic care of the judicial system, helps to reduce the resistance and antagonism of convicts and their relatives, and is a basic symbol of civilized and humane application of criminal punishment.