China Death Penalty: Key Developments
1979: First Criminal Law and Criminal Procedure Law passed
- 28 offences are eligible for the death penalty
- SPC has authority to review all death penalty cases
1981: SPC authority to review and approve death penalty cases can now be delegated to provincial
higher courts. 13 new offences are eligible for the death penalty
1982: 7 new offences eligible for the death penalty including drug trafficking
1983: 10 new offences eligible for the death penalty relating to public security
1990: Decree on Drug Control adopted by NPC
- All narcotics offences now eligible for death penalty
1996: First amendment to the Criminal Procedure Law
- All capital defendants must have legal representation
- Lethal injection becomes one of the methods of official execution
1997: First amendment of Criminal Law
- In total, 68 offences are eligible for the death penalty
2002: Notice on Utilising Lethal Injection in Executions issued by SPC
2006: SPC introduces ‘balancing leniency and severity’ policy
2007: SPC resumes its authority to review all cases of death penalty with immediate execution
2010: ‘Two rules of evidence’ introduced
2011: Eighth amendment to the Criminal Law
- Number of capital crimes reduced by 13 to 55
- Increased tariff for the two-year suspended death sentence and life imprisonment
2012: Second amendment to Criminal Procedure Law
- New measures to strengthen criminal defence
2015: Opinions on Handling Domestic Violence Criminal Cases
2015: Ninth amendment to the Criminal Law
- Number of capital crimes reduced by 9 to 46
- Introduced two-year suspension of death sentence without possibility of any
commutation
2018: Third amendment to Criminal Procedure Law
- Introduction of expedited procedures, may include death penalty eligible crimes
- Bar raised for execution where those given two-year suspended death sentence commit
further offence
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