9 crimes may lose death penalty
Print Edition
CHINA is considering trimming nine crimes from the list of offenses punishable by death, as the country considers broader reforms to its legal system.
A draft amendment to China’s Criminal Law, which includes the use of the death penalty, was submitted for initial review to the Standing Committee of the National People’s Congress, the nation’s top legislature.
Crimes that would be exempt from capital punishment under the proposed amendment include smuggling weapons, ammunition, nuclear materials or counterfeit currencies; counterfeiting currency; raising funds by means of fraud; and arranging for or forcing another person to engage in prostitution.
The crimes of “obstructing a commander or a person on duty from performing his or her duties” and “fabricating rumors to mislead others during wartime” are also under review.
Instead of the death penalty, those convicted will face a maximum sentence of life imprisonment, according to the draft.
The draft amendment is another move by China to limit the use of the death penalty following a decision at a key meeting of the Communist Party last year to gradually reduce the number of crimes punishable by death, said Li Shishi, director of the Legislative Affairs Commission of the NPC Standing Committee.
Li said removal of death penalty for the nine crimes does not mean the overall punishment would be lessened.
Authorities will strengthen law enforcement and severely punish those who deserve it so as to ensure public security, Li said.
The draft amendment also provides stricter rules for the execution of those sentenced to death with reprieve.
If the proposal is adopted, it will be the second time China has reduced the number of crimes punishable by death since the Criminal Law took effect in 1979.
In 2011, the NPC Standing Committee dropped the death penalty for 13 economic-related non-violent crimes including smuggling cultural relics, gold and silver; fraud related to financial bills; forging or selling forged exclusive value-added tax invoices; teaching criminal methods; and robbing ancient cultural ruins.
Exempting these crimes from the death penalty has not caused negative effects for public security, and the social response toward reducing the number of crimes subject to the death penalty has been positive, Li said.
Under the current Criminal Law, the number of crimes punishable by death is 55.
China has kept the death penalty while strictly controlling and prudently applying capital punishment and it has made various efforts to limit use of the death penalty in recent years, according to officials.
On January 1, 2007, the Supreme People’s Court resumed reviewing death penalty cases before approval to make sure that decisions by lower courts are accurate.
The draft amendment did not remove capital punishment for corruption crimes.
Instead, lawmakers are considering imposing harsher punishments for those committing crimes of embezzlement and bribery.
Those involved in such crimes with “especially huge amounts of money and causing especially huge loss to the interest of the country and people” could be sentenced to death, according to the draft amendment.
The draft also added crimes regarding cyber security, enhancing protection of citizens’ personal information and ascertaining responsibilities for Internet service providers failing to fulfill duties of network security management.
In its stipulations against terrorism, the draft added several items to the current law to crack down more heavily on terrorism.
Those promoting terrorism and extremism by producing and distributing related materials, releasing information, instructing in person or through audio, video or information networks will face more than five years in prison in serious cases.
Those who instigate violent terror activities will also face the same punishment, according to the draft amendment.
Those who instigate or force people to damage legal systems including marriage, justice, education and social management will be sentenced to more than seven years in prison in extremely serious cases, according to the draft.
To safeguard social principles of good faith, the draft proposed that those counterfeiting passports, social security cards and driving licenses will also face punishment.
Organizing cheating in examinations and bringing about civil litigations based on fabricated “facts” in the pursuit of illegitimate interests are also listed as crimes that are punishable to imprisonment up to seven years and three years respectively.
- About Us
- |
- Terms of Use
- |
-
RSS - |
- Privacy Policy
- |
- Contact Us
- |
- Shanghai Call Center: 962288
- |
- Tip-off hotline: 52920043
- 沪ICP证：沪ICP备05050403号-1
- |
- 互联网新闻信息服务许可证：31120180004
- |
- 网络视听许可证：0909346
- |
- 广播电视节目制作许可证：沪字第354号
- |
- 增值电信业务经营许可证：沪B2-20120012
Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.
