Criminal Procedure Law of the People's Republic of China
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E-mail China.org.cn, March 8, 2012
Part Four Execution
Article 208 Judgments and orders shall be executed after they become legally effective.
The following judgments and orders are legally effective:
(1) judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;
(2) judgments and orders of final instance; and
(3) judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a Higher People's Court.
Article 209 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a People's Court of first instance, he shall be released immediately after the judgment is pronounced.
Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.
If a criminal sentenced to death with a two-year suspension of execution commits no intentional offense during the period of suspension of the sentence and his punishment should therefore be commuted according to law on expiration of such period, the executing organ shall submit a written recommendation to a Higher People's Court for an order; if there is verified evidence that the criminal has committed intentional offense and his death sentence should therefore be executed, the Higher People's Court shall submit the matter to the Supreme People's Court for examination and approval.
Article 211 After receiving an order from the Supreme People's Court to execute a death sentence, the People's Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the People's Court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:
(1) If it is discovered before the execution of the sentence that the judgment may contain an error;
(2) If, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or
(3) If the criminal is pregnant.
If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People's Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People's Court for it to alter the sentence according to law.
Article 212 Before a People's Court causes a death sentence to be executed, it shall notify the People's Procuratorate at the same level to send an officer to supervise the execution.
A death sentence shall be executed by such means as shooting or injection.
A death sentence may be executed on the execution ground or in a designated place of custody.
The judicial officer directing the execution shall verify the identity of the criminal, ask him if he has any last words or letters and then deliver him to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People's Court for an order.
Executions of death sentences shall be announced but shall not be held in public.
After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. The People's Court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.
After a death sentence is executed, the People's Court that caused the death sentence to be executed shall notify the family members of the criminal.
Article 213 When a criminal is handed over for execution of his criminal punishment, the People's Court that caused the sentence to be executed shall deliver the relevant legal documents to a prison or other executing organ.
A criminal sentenced to death with a two-year suspension of execution, or life imprisonment, or fixed-term imprisonment shall, according to law, be handed over by a public security organ to a prison for execution of his criminal punishment. As to a criminal sentenced to fixed-term imprisonment, if the remaining term of sentence is not more than one year before he is handed over for execution of his criminal punishment, the sentence shall be executed by a detention house instead. As to a criminal sentenced to criminal detention, the sentence shall be executed by a public security organ.
As to a juvenile delinquent, his criminal punishment shall be executed in a reformatory for juvenile delinquents.
An executing organ shall take a criminal into custody without delay and notify the family members of the criminal.
A criminal sentenced to fixed-term imprisonment or criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.
Article 214 A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:
(1) If the criminal is seriously ill and needs to be released on parole for medical treatment; or
(2) If the criminal is pregnant or is breast-feeding her own baby.
If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.
If acriminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people's government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.
If it is found that a criminal released on parole for medical treatment does not meet the conditions for release on parole for medical treatment or the criminal has gravely violated the regulations regarding such release, he shall be taken back to prison without delay.
As to a criminal sentenced to fixed-term imprisonment or criminal detention who is unable to look after himself in everyday life, if his service of sentence outside prison would not endanger the community, he may be permitted to serve his sentence outside prison temporarily.
Ifacriminal is permitted to serve his sentence outside prison temporarily, the sentence shall be executed by the public security organ in the place where the criminal resides, the executing organ shall exercise strict control and supervision over him and the grass-roots organizations or the unit where the criminal originally belonged shall assist in supervision.
Article 215 The organ that approved the temporary service of sentence outside prison shall send a copy of its decision on the approval to a People's Procuratorate. If the People's Procuratorate considers the temporary service of sentence outside prison improper, it shall within one month from the date of receiving the notification, submit its recommendation in writing to the organ that approved the temporary service of sentence outside prison, which shall, upon receiving the written recommendation of the People's Procuratorate, reexamine its decision without delay.
Article 216 As soon as the conditions under which a criminal is permitted to serve his sentence outside prison temporarily cease to exist, if the criminal's term of sentence has not expired, he shall be taken back to prison without delay.
If a criminal dies during the period in which he is serving his sentence outside prison temporarily, the prison shall be informed thereof without delay.
Article 217 A criminal who has been sentenced to imprisonment with a suspension of execution shall be placed by the public security organ under the observation of his unit or a grass-roots organization.
A criminal released on parole shall be supervised by a public security organ during the test period of parole.
Article 218 Sentence of public surveillance or deprivation of political rights that has been imposed on a criminal shall be executed by a public security organ. After the sentence is served, the executing organ shall notify the criminal himself and publicly announce to the people concerned that public surveillance is ended or that his political rights are restored.
Article 219 If a criminal sentenced to a fine fails to pay the fine within the time limit, the People's Court shall compel him to pay. If he has true difficulty in paying because he has suffered an irresistible disaster, an order may be made to reduce the fine or exempt him from payment.
Article 220 All judgments on confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the People's Courts; when necessary, the People's Courts may execute such judgments jointly with the public security organs.
Article 221 If a criminal commits a crime again while serving his sentence, or if a criminal act that is discovered was not known at the time of judgment, he shall be transferred by the executing organ to a People's Procuratorate for handling.
If a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to a People's Court for examination and an order.
Article 222 If a People's Procuratorate considers that the order on commutation of sentence or on parole made by a People's Court is improper, it shall, within 20 days from the date of receiving a copy of the written order, submit a written recommendation to the People's Court for correction. The People's Court shall, within one month from the date of receiving the recommendation, form a new collegial panel to handle the case and render a final order.
Article 223 If, during execution of a criminal punishment, the prison or any other executing organ believes that there is an error in the judgment or the criminal lodges a petition, it shall refer the matter to the People's Procuratorate or the People's Court that pronounced the original judgment for handling.
Article 224 The People's Procuratorates shall supervise the execution of criminal punishments by executing organs to see if the execution conforms to law. If they discover any illegalities, they shall notify the executing organs to correct them.
