Covid-19 Impact
In February 2020, as the scale and threat of the novel Covid-19 coronavirus emerged, China’s
National Health Commission, SPC, SPP and MPS, issued a joint statement listing seven different
types of offence related to hindering epidemic control. This included refusing to quarantine or
accept treatment measures using violence, threats or other methods. It stated that severe cases
would be eligible for the death penalty.
Prior to the Covid-19 pandemic, in February 2003, Sudden Acute Respiratory Syndrome (SARS),
a coronavirus, was identified in China and spread to a number of other countries. In May 2003,
the SPC and SPP jointly issued a judicial interpretation that stated that intentionally spreading
sudden contagious disease pathogens that endanger public security or lead to serious injury
could also result in severe punishments including the death penalty.
The crimes of “spreading hazardous substances” and “using other methods to endanger public
safety” are listed as death penalty eligible in the criminal law.
The restrictions imposed as a result of the Covid-19 pandemic have also disrupted criminal
proceedings. China has stated that criminal cases, including death penalty cases, should not be
delayed as a result of the pandemic. This raises questions about the speed in which death penalty
cases during this time will be reviewed and whether criminal procedure, which is already opaque
and lacking in procedural protections against unfair trials, will be adversely affected.
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