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Top judge: Death penalty to stay

By Liu Li (China Daily)
Updated: 2006-11-09 07:00

China will not abolish the death penalty, the president of the Supreme People's Court Xiao Yang has said.

"Serious economic crimes such as corruption and bribery will be strictly punished according to the law," Xiao, China's chief justice, said in a report on Tuesday at the fifth national criminal trial working conference.

Crimes that endanger State security, terrorism , crimes committed by organized criminal gangs, as well as crimes that seriously endanger social security such as explosions, intentional homicide, robbery, kidnapping and drugs smuggling are also listed for strict punishment.

"It is necessary to use the death penalty in China to punish criminals that commit extremely serious crimes in order to safeguard State security, public interests and smooth operation of economic construction," he told presidents and judges from courts throughout the country.

Xiao said strict punishment for serious criminals would reduce and prevent future crime.

China's consistent criminal policy has been to keep the death penalty but to strictly control its use, according to Xiao.

In an important reform aimed at use the death penalty more cautiously, the Supreme People's Court will assume all powers to examine and approve death sentences from next year.

Since 1983, high people's courts at provincial, municipal and autonomous region level have been authorized to review death sentences involving murder, rape, robbery, explosions and other serious violations of public security.

But death sentences in other types of cases, such as economic crimes, have always needed approval from the Supreme People's Court.

The Supreme People's Court will continue to strictly punish criminals and sentence them to death after full investigation, Xiao stressed.

But criminals that surrender themselves to police, attempt to atone for their misdeeds or were led astray to commit crime will not be sentenced to death with immediate execution.

"China's system of death sentence with reprieve was a national innovation to reduce the amount of executions but still punish criminals strictly," Xiao said.

He also demanded courts safeguard the rights of suspects and their attorneys.

A national compensation system is being planned to help the families of crime victims.



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