China still has the death penalty, but it is reserved for the most serious crimes, and most death sentences are imposed with a two-year reprieve (si huan), which is normally commuted to life imprisonment.
What kinds of crimes can carry the death penalty?
Under Article 48 of the Criminal Law, the death penalty applies only to offenders whose crimes are extremely serious. The crimes that most often reach this level include:
- intentional homicide (Article 232);
- aggravated robbery (Article 263) and kidnapping that causes death (Article 239);
- drug trafficking in large quantities, for example 50 grams or more of heroin or methamphetamine, which can bring 15 years to life imprisonment or death (Article 347);
- corruption or bribery involving especially huge amounts (Article 383).
What does a suspended death sentence mean?
Chinese courts usually announce a death sentence with a two-year reprieve. If the prisoner commits no intentional crime during those two years, the sentence is commuted to life imprisonment, or to 25 years for major meritorious service (Article 50). Immediate execution requires approval by the Supreme People’s Court, so no death sentence is carried out without central review. A defense lawyer can argue for a reprieve based on the amount, the role played and the circumstances of the offense.
Related Reading
- Guides: China Criminal Law Guides
- Are Guns Illegal in China?
- China’s New Anti-Cross-Border Corruption Law: What the Draft Tells Us
Frequently asked questions
Q: What kinds of crimes can carry the death penalty?
A: Under Article 48 of the Criminal Law, the death penalty applies only to offenders whose crimes are extremely serious.
Q: What does a suspended death sentence mean?
A: Chinese courts usually announce a death sentence with a two-year reprieve. If the prisoner commits no intentional crime during those two years, the sentence is commuted to life imprisonment, or to 25 years for major meritorious service (Article 50). Immediate execution requires approval by the Supreme People’s Court, so no death sentence is carried out without central review.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512