Why were these people executed before the Chinese New Year?
Why were these people executed before the Chinese New Year?
On 31 January, in accordance with the provisions of the "Criminal Procedure Law of the People's Republic of China," the Fuzhou City Intermediate People's Court sentenced Wu Xieyu, Zhang Bo, Ye Chengchen, and other criminal suspects to death in accordance with the law. The news sparked great attention from all walks of life, with some netizens expressing doubts about why the execution was carried out on New Year's Eve.
The Interpretation of the Supreme People's Court on the Application of the Death Penalty clearly explains the form of execution of the death penalty, and the death penalty may be shot by shooting or intravenous injection. Executions carried out with the use of drugs shall be carried out in special places of justice or detention centers. Executions must be submitted to the Supreme People's Court for approval, but must be approved by the Supreme People's Court.
Li Baolian, legal counsel of Beijing Jingshi, said that in China, for the first time in the world, drugs were injected into the death penalty as a punishment, and it was used for the first time in the world. In China, due to the provisions of national laws and regulations, some local courts in China have gradually implemented the death penalty by injection, although it has not been completely abolished, but the "injection law" has been widely used throughout the country.
Li Baolian noted that our legislation is very strict about the time limit for the death penalty. In accordance with article 262 of the Code of Criminal Procedure, the lower court shall execute the person within seven days after receiving the order of the higher court. If it fails to be executed within seven days, the order will be null and void and will have to be made separately by the High Court. Therefore, both the approval and execution are carried out in strict accordance with the time limits established by the Code of Criminal Procedure, and there are no special provisions for executions during holidays.
Zhou Zhaocheng of Beijing Anjian Law Company believes that this move is to not cause too much trouble to the prisoners, but also to give the prisoners' families a full preparation and a chance to say goodbye. He noted that the date of execution would also be determined by a number of other factors, such as the trial process and the time when the sentence was pronounced, rather than just according to one's preference or a specific time period.
Wang Yuening, a law firm in Beijing, said that the "New Year's Day Eve execution" may also be a deterrent measure, which has an extremely bad social impact and profound subjective malice for those people. He said that for cases with significant social impact, executions are usually carried out after the verdict is pronounced in the first instance, and executions before the Chinese New Year are also a countermeasure against such crimes.
Zhang Weina of the Beijing Jingshi Law Firm pointed out that before being sentenced to death, the defendant has the right to meet with his close relatives and relatives, and in accordance with the Criminal Law and other legal provisions, he should be interrogated in accordance with the law. Within three days, the local procuratorate at or above the city, district, city, county, or city level shall send a special person to the local area for supervision. Before the execution, the prisoner is identified and the last sentence of the interrogation is carried out.
The place of execution can be a place of execution or a special place of detention, and it can be shot or lethalized. After the death penalty was pronounced, parades and any act that damaged the reputation of the person concerned was prohibited. At the end of the execution, the forensic expert shall confirm that the prisoner is dead, and the judicial officer shall make a record and submit the execution situation to the higher court and take photographs.
Wang Yuening pointed out that the "meeting before execution" is an important concept of "governing the country according to law, governing the country according to law, governing the country according to law, and governing the country according to law." In the current environment of the legal protection of the death penalty system, allowing prisoners to meet with their families can not only demonstrate the humanistic care of the judiciary, but also reduce the resistance and rebellion of prisoners and their families, which is an important manifestation of the realization of "education" and "humanization" of criminal punishment.