I-4 Question: Some countries have long hoped that China will abandon the death penalty. On January 1, 2007, the Supreme People's Court formally resumed its role of approving all death sentences passed in China. Will this move help control the use of the death penalty?

A: The abolition of the death penalty is a goal pursued by China, but it takes time. As of January 1, 2007, China restored the Supreme People's Court's power to review and approve all death sentences, which had been delegated to the higher courts of provinces, autonomous regions and municipalities. The move marked the most significant change in the procedure of the death penalty over the past two decades. Its primary purpose was to unify the standards by which death sentences are given to achieve consistency in the legal system.

Since the Supreme People's Court resumed the role of approving death sentences, discrepancies in the standards of giving the death penalty have been avoided. While reviewing the cases, the Supreme People's Court will fully protect the lawful rights of the accused. If it finds the evidence questionable, it will carry out investigations to confirm it. Investigators will be sent to the site where the crime took place if necessary. If the collegiate panel believes that a death sentence should be approved after reviewing the files, the accused should in principle be consulted in person for his or her own opinions. The accused can also make themselves heard by the collegiate panel via correspondence. During the review, lawyers commissioned by the accused can continue to defend their clients and file additional documents to the court. These measures have guaranteed the right to legal recourse of those sentenced to death. They can help ensure that every death ruling is prudently made according to clear facts and adequate evidence and through legal procedures and can stand the test of time.

In the past, the review of death sentences and the second-instance trial of cases involving the death penalty were virtually the same process as the judges of second instance made their decisions by perusing the documents instead of opening court sessions. After it was announced that it would resume its role of reviewing and approving death sentences, the Supreme People's Court demanded that courts of second instance should hold hearings, thereby making reviews and second trials two independent processes. The shift was a major procedural transition designed to prevent wrong rulings. It also gave the accused one more opportunity to air their opinions. It is indicative of the direction of China's criminal procedures reform at present: While retaining the death penalty, it exercises extreme caution over its use to reduce the number of death sentences.

The Supreme People's Court's resumption of its power of final approval of death sentences not only is evidence that death penalty cases will be handled through fairer procedures but also indicates that China will be more cautious about the use of death penalty. It is expected to result in continued decline in the number of death sentences in China, with an estimated dropping rate of at least 20 percent.

(China.org.cn)