The Rights Practice Briefing Paper also be politically motivated. 2 Researchers suggest that approximately 5% of suspended death sentences are not commuted.3 Death penalty eligible crimes There are currently 46 death eligible crimes in China. 4 These include both violent and non-violent offences. Article 48 of the 2017 Criminal Law states that the death penalty can only be applied in the cases of the most serious crimes (极其严重的犯罪). ‘Most serious crime’ is not defined in Chinese law. It is not consistent with international law which restricts the death penalty to intentional crimes with “lethal or other extremely grave consequences.” In China, most serious crime is generally understood to refer to the most serious examples of capital crimes rather than the idea of the ‘worst of the worst’. Sentencing policy Overall, Chinese sentencing is harsh. In recent years the judicial authorities have tried to increase consistency in all sentencing with an “Opinion on Several issues Regarding the Standardisation of Sentencing Procedures” (2020) and “Guiding Opinions on Sentencing in Common Crimes” (2021). Neither document, which largely deal with procedural issues, directly addresses death sentences. The 2021-2025 Human Rights Action Plan calls for “more rigorous procedures” for reviewing capital sentences. It is not clear whether new legislation is envisaged. The previous Action Plan called for strengthening ‘checking and verification’ of death sentences and regularisation of the oversight procedure. The evaluation of the 2016-2020 programme highlights the 2019 Several Provisions on Safeguarding the Lawful Rights and Interests of Parties in the Procedures of Death Sentence Review and Execution5 as an achievement of the plan. Official Lai Xiaomin, was executed in January 2021 for receipt of bribes. The former chairman of China Huarong Asset Management Co. was convicted of accepting or soliciting money and assets worth nearly 1.79 billion yuan. The judge at his first instance trial justified the sentence explaining that Lai had not only received the highest ever amount in bribes, but was also guilty of corruption and bigamy. Court hearings on sentencing hear the views of the prosecution, victims or their representatives, the defendant and defence counsel. The scope for sentence mitigation is, however, limited by law and Chinese courts do not assess individual characteristics in sentencing. In murder cases, the most significant factor in influencing sentencing is whether or not compensation has been agreed with the victim’s family. Immediate execution Chinese law is ambiguous about the grounds for the court to decide whether a death sentence with immediate execution is warranted. Article 48 of the 2017 Criminal Law implies that execution will be ‘necessary’ in some cases. The Supreme People’s Court issues a range of guidance to lower courts from exemplary cases to “guiding cases” which can be cited in a court judgement. ‘Judicial adjudication committees’, normally comprising the court president, vice presidents and senior judges, 2 The Rights Practice Working Paper, “Criminal Law and Deprivation of Liberty: Xinjiang Uyghur Autonomous Region”, 31 August 2021. https://www.rights-practice.org/Handlers/Download.ashx?IDMF=2cc37e4d-31f6-4870-b7fa-3607fa63d102 3 Miao, Michelle “Two years between life and death: A critical analysis of the suspended death penalty in China.” 2016. International Journal of Law, Crime and Justice 45 (2016) 26-43. 4 A full list of death eligible crimes in China can be found in Annex II of The Rights Practice report at footnote 1 above. 5 See p.47 of The Rights Practice report, Respect for Minimum Standards? 2