A revised Criminal Procedure Law came into force in...
A revised Criminal Procedure Law came into force in January 1997
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A revised Criminal Procedure Law came into force in January 1997. This Law has "reduced" the number of capital offenses to sixty-nine. However, in March 1997 new amendments to China's Criminal Law added to the number of crimes punishable by death. There are two types of death sentence in China: immediate execution and a death sentence with suspension that allows for the commutation of the sentence when the condemned prisoner does not deliberately commit further crimes during a 2-year suspension period.
Death-qualifiable offenses include such nonviolent crimes as tax evasion, drug-trafficking, embezzlement, forgery, fraud, gambling, bigamy, running a brothel, habitual theft, corruption, disturbing the peace, cigarette smuggling, organizing pornographic clubs, car smuggling, exploitation of prostitutes, speculation, publication of pornographic material, stealing or trafficking in national treasures, financial fraud, sale of false invoices, sale of the pelts of two giant pandas, stealing cows, camels or horses, sale of false birth certificates, sale of false sterility certificates, sale of counterfeit money, and killing a tiger.
Reportedly, thousands of people are put to death every year, often during mass executions and following summary or grossly unfair trials. In 1996, 6,100 death sentences were supposedly handed down, and 4,367 carried out. In 1997, at least 1,644 sentences were supposedly carried out. In 1998 the official number of executions was 1,067, but the real amount could be higher. Amnesty International believes that in actual fact the number of death sentences and executions is much higher than the figures in their possession; this is because the Chinese authorities never publish statistics on the death penalty as they are considered a "state secret." Death sentences are often pronounced in public and the condemned prisoner is presented to the crowd and forced to bow his head and wear a sign with the name of his crime written on it around his neck. Defendants are often denied legal assistance, and when it is granted the lawyers have only a day or two to prepare their defense. Moreover, death sentences are often decided before the trial by a judging committee. After confirmation of a death sentence, the defendant has from 3 to 10 days to appeal. If no appeal is presented, the sentence is automatically referred to the Supreme People's Court which takes a decision within 6 weeks. Appeals are rarely successful.
Of particular concern is the fairly common practice of harvesting organs from executed prisoners without their permission. Reportedly, death sentences have been carried out because organs were requested for transplants.
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