In a brief report in May[year needed], Xinhua quoted anonymous sources as saying Chinese courts handed down 30 percent fewer death sentences in 2007 compared with 2006. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. Huarong did business deals with some of China’s flashiest private companies at a time when they were feeling ambitious. Mr. Lai, 58, was among the highest-profile figures to fall from grace amid a sweeping crackdown on corruption by Xi Jinping, China’s top leader. Exclusion of illegal evidence - Evidence that is not acquired through legal means, like confessions obtained through torture must be excluded. Its Definition and Legal Foundation. Since the economic reforms and the “open door” policy instigated in the early 1980s, increasing attention was given to the death penalty in China. [11] According to the Dui Hua Foundation, a U.S.-based organization, the estimated number of executions has declined steadily in the twenty-first century, from 12,000 each year to supposedly 2,400. There was wide variability in the number of types of capital offences over time. By both confirmed and estimated data, the number of executions from capital punishment in Mainland China is far higher than any other country, while the number per capita is comparable to Vietnam and Thailand, and lower than several other countries, including Saudi Arabia, Iran and the United States. Elon Musk has become the world’s richest person, as Tesla’s stock rallies. "[29], In 2015, billionaire Liu Han was executed for running a criminal gang and ordering at least three murders. 2.The Death Penalty in China and its Historical Evolution 2.1. A scout team chooses a place in advance to serve as the execution ground. The exact numbers of people executed in Mainland China is classified as a state secret; occasionally death penalty cases are posted publicly by the judiciary, as in certain high-profile cases. [2][3][4][5], The use of capital punishment is active in most East Asian countries and territories, including Japan, North Korea, Malaysia, Thailand, Indonesia, Vietnam, Singapore, South Korea and Taiwan (ROC). But its use for crimes like embezzlement, bribery and corruption has dropped in recent years amid public disapproval. [32] According to "The Death Penalty in China: Reforms and Its Future", "it also represents the most conservative estimate of death sentences and executions in China due to the following accounting rules: 1) when there is doubt of accuracy, figures were excluded; 2) where two conflicting reports existed, the lower figure was used; 3) when a combined figure of death sentences and prison sentences was given, only one death sentence was recorded; and 4) when a group was sentenced to death, only one sentence was entered. He was convicted of graft, corruption and bigamy . [36] Each case is then assigned to a panel of three judges, one of whom is designated as the principal case manager. Mr. Lai took the helm of Huarong in 2012, helping it to expand into new areas like investments and securities. The death penalty is a major concern in the legal and humanitarian fields. Thirdly, there was a system of revenge based on the Confucian philosophy centered around filial piety. Because of the inaccessibility to official statistics of the number of executions that occur within the death penalty system, academic researchers must use data compiled by NGOs such as Amnesty International, which is the most cited source of reports regarding rates of execution statistics. "[29], According to an Amnesty International report, “available information indicates that thousands of people are executed and sentenced to death in China each year.”[60] Human rights groups and foreign governments have criticized China's use of the death penalty for a variety of reasons, including its application for non-violent offenses, allegations of the use of torture to extract confessions, legal proceedings that do not meet international standards, and the government's refusal to publish statistics on the death penalty. Mr. Lai was “lawless and extremely greedy,” the Secondary Intermediate People’s Court of Tianjin said Tuesday in a statement, which added that his actions put national financial security at risk. Fan Wei is the second Canadian to be sentenced … China: Death Penalty Crimes to Be Reduced (Aug. 31, 2010) On August 23, 2010, a proposed amendment to the Criminal Law of the People's Republic of China was presented to the Standing Committee of China's National People's Congress (NPC). While many critics are skeptical of Amendment VIII bringing long-term change, the reforms represent a gradual transition towards greater state respect and protection of human rights. “This could be a message to the public that the Xi regime is still treating corruption as a serious issue, or it could be a message to the business elite in China that they need to keep their noses clean,” Mr. Rosenzweig said. The former chairman of a majority state-owned asset management company has been handed the death sentence following what has been described as one of China’s biggest financial crime cases. While the exact number of death sentences and executions in China is unknown because published official crime statistics on death penalty are not available, a recent estimate from Dui Hua Foundation cited by Amnesty International suggests that 2,400 executions were carried out in China in 2013, surpassing 778 executions by the rest of the world combined. However, this system of punishment was not practiced often because the Chinese legal system asserted a retributive theory of punishment. [36], If the lower court death sentence is upheld, the execution is carried out shortly thereafter. Lethal injection and shooting are the only methods authorized by China's Criminal Procedure Law of 1996. [45] The Draft 9th Amendment to the PRC Criminal Law was passed on 29 August 2015, which reduced the number of crimes on the list of capital offenses by 9 to 46. His family claimed that Mr. Zeng was executed before it was told, in an episode that sparked anger online. [14], Capital punishment was one of the classical Five Punishments of China's dynastic period. The right to seek retribution was codified in the Legal Code of the Qing dynasty (1644-1911), which describes the legal proceedings and punishments for family members who seek revenge and kill the murderer of their relatives. [54], A survey conducted in 2008 by the Max Planck Institute showed that 60 percent of survey respondents in Beijing, Hubei, and Guangdong supported the death penalty. Later, amputation became less common, but capital punishment and corporal punishment remained. A rare death penalty used to be given to one good, the aged senior banking regulator Lài Xiǎomín 赖小民, and 4 other senior officers had 上海市浦东新区网友 hhsm333: Stephen Noakes, in his article, [35], However, capital punishment in Mainland China can be politically or socially influenced. A high-profile death sentence will send a message, though its interpretation depends on the audience, said Joshua Rosenzweig, the deputy regional director for East and Southeast Asia at Amnesty International. [41] Since April 2019[update], a proposed extradition bill has sparked massive protests. The government will confiscate his personal assets, it said. These are defined in the criminal law of China, which comprehensively identifies criminal acts and their corresponding liabilities. In 2010, Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment. According to Amnesty International, two-thirds of the nations of the world have abolished the death penalty, including 30 countries over the past decade.Only 21 of the 192 UN member nations carried out executions last year. In many instances the application of the law is arbitrary. “A lot of the messages that the Chinese authorities try to send with these judgments, you are meant to fill in the blanks and come to your own conclusions,” he said. China has ratified more than 200 international covenants in recent decades and has taken on international responsibilities like respecting the right to life and thus limiting the use of capital punishment. The death penalty handed out to a former Chinese finance chief found guilty of corruption has been heavily criticised by human rights groups. Death penalty for Lai Xiaomin Lai, the former chairman of Huarong Asset Management, “one of China’s four largest state-owned bad-debt managers…was sentenced to death for bribery on Tuesday by a court in North China’s Tianjin municipality,” Caixin reports. The issue got an unusual public airing in 2012 when Wen Jiabao, then China’s premier, used his nationally televised annual news conference to caution courts overseeing the case of Wu Ying, a young woman who became a business tycoon but had been sentenced to death for financial fraud. The National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55. Under the Yuan dynasty, the "number of separate capital provisions" precipitously dropped, reaching a low of 125 crimes. REUTERS/Bobby Yip. [29] Later the same year, the Supreme People's Court ordered lower courts to suspend death sentences for two years and to "ensure that it only applies to a very small minority of criminals committing extremely serious crimes. Shocking extent of Viet Nam executions uncovered In Malaysia and Viet Nam, new disclosures reveal that the scale of the executions in those countries was even higher than thought. Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. Following conviction of these crimes, the punishment ranged from fifty blows or death by hanging. However, the public opinion was that the sentence was too light. Revolution in Hankow / Hankou, 1911. Since 2006, Chinese Supreme Court justice Xiao Yang has worked to blunt the "strike hard" policy with his own policy of "balancing leniency and severity" (Chinese: 宽严相济; pinyin: Kuānyán Xiāngjì), which is supposedly influenced by Hu Jintao's harmonious society concept. The cooperation between excellent Chinese … The death penalty was abolished in Britain in 1965, but there has been much debate over if it should be reintroduced. [10] The exact numbers of executions, and death sentences, are considered a state secret by China, and not publicly available. The unusually harsh sentence could send a signal that Mr. Xi is not ready to ease his anticorruption campaign, which he began shortly after he took control of the Communist Party in late 2012. [62], The Coalition to Investigate the Persecution of Falun Gong has accused Chinese hospitals of using the organs of executed prisoners for commercial transplantation. In 2013, officials executed Zeng Chengjie after a court convicted him of financial crimes. In 2016, China raised the threshold for capital punishment related to corruption to 3 million yuan from 100,000 yuan, but the penalty has seldom been used. Death penalty handed to former asset manager in China. [66], This does not include sites in the Republic of China (Taiwan), Coalition to Investigate the Persecution of Falun Gong, Børge Bakken, "The Norms of Death: On Attitudes to Capital Punishment in China" in. Decisions on a wrongful conviction/sentence - SPC can order a lower court to retry a case except in a few scenarios. China executes more people than rest of world combined, Amnesty report reveals. [21], By both confirmed and estimated data, the number of executions from capital punishment in Mainland China is far higher than any other country, while the number per capita is comparable to Vietnam and Singapore, and lower than several other countries, including Saudi Arabia, Iran and Iraq. Examining a criminal by torture began in the Qin Dynasty when judges, after a preliminary hearing and investigation, used bambooing and bastinado to force the offender to admit to committing the crime. [30] Other media, such as Internet message boards, have become outlets for confirming death penalty cases usually after a sentence has been carried out. By Kirsten Hastings, 5 Jan 21. [6][1][7][8] Amnesty International claims that Mainland China executes more people than all other countries combined,[9] though if China's very large population is taken into account, the number of executions per capita is comparable to Vietnam and Singapore, and much lower than several countries, including Saudi Arabia and Iran. [29] Polling conducted in 2007 in Beijing, Hunan and Guangdong found a more moderate 58 percent in favor of the death penalty, and further found that a majority (63.8 percent) believed that the government should release execution statistics to the public. Why China Is Sentencing a Tycoon to Death The harsh penalty against Lai Xiaomin is likely a warning to others in the sprawling state-run financial sector to stick to their duties. [38], Thirteen crimes were removed from the list of capital offenses in 2011, including smuggling of cultural relics, wildlife products, and precious metals. Death sentences may be executed at the execution ground or in designated places of custody. In 2011, China abolished the death penalty for 13 crimes in Amendment VIII to the Criminal Law of PRC,[29] which was the most important amendment passed since 1997. [29], Amnesty International reports that until 2010 among 197 nations worldwide, 96 nations had completely abolished the death penalty, 9 had abolished the death penalty for ordinary crimes, and 34 were abolitionist in practice, meaning that they have not executed anyone for at least 10 years and have generally settled on the policy to not sentence any executions. The term death penalty describes the legally sanctioned killing of a human being. Colin Drury @colin__drury. [59], Capital punishment is deeply entrenched in the Chinese legal system, as the judiciary maintains the interests of the Communist Party of China. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. The list of capital crimes includes counter-revolutionary crimes, such as organizing an "armed mass rebellion"; endangerment of public security, such as committing arson; and crimes against the person, such as the rape of a person under the age of 14. Open trial in second instance court - In cases that may result in immediate execution, there must be an open trial. [38] It is almost always reduced to life or 10 to 15 years imprisonment if no new crime is intentionally committed during the two year probationary period. In China, the death penalty was rarely used during the reign of Tang Emperor Xuanzong (712-756). Decapitated heads of Chinese revolutionaries hang by their hair from a pole. [37], Mainland Chinese courts hand down the sentence of "death sentence with two years' probation" (Chinese: 死缓; pinyin: sǐ huǎn) as frequently as, or more often than,[35] they do actual death sentences. Nowadays, the issue of whether the death penalty should be abolished in China is still a controversial topic. Lethal injection is more commonly used for "economic crimes", such as corruption, while firing squads are used for more common crimes like murder. China’s Criminal Law excludes persons under the age of 18 from the death penalty, [29] and since 1992 China has been a party to the Convention on the Rights of the Child, which prohibits the execution of … Executed and not executed, the decision is always correct. [43][44][45] This brought the total number of capital offenses down from 68 to 55,[46] though many of the crimes dropped from the list were rarely if ever punished with death penalty. The Supreme People's Court distributed the execution kits, developed by the China Academy of Medical Science Pharmaceutical Institute, and the first experiments occurred in 1997. [56] According to "The Death Penalty in China: Reforms and Its Future", the 13 crimes (19% of the total number of crimes punishable through death) were: "smuggling of cultural relics; smuggling of precious metals; smuggling of precious animals or their products; smuggling of ordinary freight and goods; fraud connected with negotiable instruments; fraud connected with financial instruments; fraud connected with letters of credit; false invoicing for tax purposes; forging and selling value-added tax invoices; larceny; instructing in criminal methods; excavating and robbing ancient cultural sites or ancient tombs, and excavating and robbing fossil hominids and fossil vertebrate animals". [53] The Dui Hua foundation notes that it is impossible to ascertain whether these guidelines are closely followed, as the method of execution is rarely specified in published reports. A former chief of a big Chinese state lender was sentenced to death on Tuesday for bribery, corruption and bigamy, in a rare and dramatic example of Beijing’s use of capital punishment for economic crimes. "[29], Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society has vocally advocated for its abolition except some that are based in Europe. Zhen Lin is one of the few people inside China working to advocate against the death penalty. Some supporters of the death penalty believe that the legitimacy of the death penalty depends on a fair and just judiciary, but the current legal system in China is disproportionately skewed against the disenfranchised. But it has also helped him contain concerns in China that party officials were becoming increasingly corrupt. [47] The crimes that were removed were:[48][49][50][51], The execution protocol is defined on the criminal procedure law, under article 252:[52], In some areas of China, there is no specific execution ground. [20], The first type of classical punishment was a system of torture used in the process of examining a criminal. Her sentence was later reduced. Critics have noted that the campaigns lead to the streamlining of capital cases, where cases are investigated, appeals heard, and sentences carried out at rates much more rapidly than normal. [16] Confucius did not oppose capital punishment absolutely, but did take the view that in a well-ordered society based on moral persuasion, capital punishment would become unnecessary. As a rule, the death penalty is preceded by court proceedings that result in the death sentence followed by the execution. Another suspect in the case was also given the death penalty and four others sentenced to between seven years and life in prison, it said. Singaporean Siti Aslinda Binte Junaidi is facing the death penalty in China after being convicted of drug trafficking. “Or it could be a message to both.”, China Sentences Former Bank Chief to Death in Rare Move. Reports of executions for business-related crimes dropped, though they did not disappear. [46], In March 2007, China's representative in the UN Human Rights council, Mr. LA Yifan stated that "the death penalty's scope of application was to be reviewed shortly, and it was expected that this scope would be reduced, with the final aim to abolish it. Simon & Schuster faces calls to drop Senator Hawley’s book. "Our estimate, sourced from court judgement documents and related media reports, says 2,000 [people] were given the death penalty in the last year," she said. Among them were CEFC China, an energy company, and HNA, a conglomerate with businesses ranging from hotels to airlines. He confessed to taking cash bribes last year in a televised show on state media. In recent times, the People's Courts’ judicial police officers (Chinese: 法警; pinyin: fǎjǐng) assumed this role. Capital punishment is a legal penalty in the mainland of the People's Republic of China. The Death Penalty in China needs to be read by everyone concerned with the project of eliminating capital punishment throughout the world.--from the foreword by Roger Hood, emeritus professor of criminology, University of Oxford This outstanding book describes proficiently what is known and knowable about the death penalty in transition in China today. Amnesty … In the past, the public hear few dissenting opinions towards the death penalty. [57] In 2005 a survey of 2000 respondents showed that 82.1% supported the death penalty while 13.7% supported the abolishment of the death penalty. [19] For example, King Wu of the Western Zhou ordered officials who violated royal regulations, failed to carry out their duties, or "promulgated innovations" to be put to death; 39 military officials were executed following a peasant uprising during the Tang dynasty; the six gentlemen of the Hundred Days' Reform, who advocated social reform in the late Qing dynasty were executed. Lai Xiaomin, the former chairman of Huarong Asset Management, was found guilty by a court in the coastal city of Tianjin of receiving some $277 million in bribes between 2008 and 2018. Hong Kong (CNN) The first … One such example was the execution of former State Food and Drug Administration director Zheng Xiaoyu, which was confirmed by both state television and the official Xinhua News Agency. China remained the world’s leading executioner – but the true extent of the use of the death penalty in China is unknown as this data is classified as a state secret; the global figure of at least 657 excludes th… Under the Punishments of Lu (Lu Xing), written sometime in the Warring States period (475-221 BCE), there were 200 capital offences. Lai … In 2009, Amnesty International counted 1718 executions as having taken place during 2008 (which equates to 0.0001%, or 1 in 1,000,000 of the Chinese population[31]), based on all information available. Since the economic reforms and the “open door” policy instigated in the early 1980s, increasing attention was given to the death penalty in China. After a first trial conducted by an intermediate people's court concludes with a death sentence, a double appeals process must follow. By [42] Executions under the pretense of political crimes are extremely rare and confined to persons involved in violence or the threat of violence. The following is a summary of the use of capital punishment by country. Don’t be too emotional, China cannot wantonly abolish the death penalty. [1] It is mostly enforced for murder and drug trafficking, and executions are carried out by lethal injection or gun shot. [citation needed], In 1996 the government made lethal injection a legal method of execution. Chinese law provides that all persons who commit crimes are equal in the application of the law. [63] In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice. Daimler responds: ‘We depend on a reliable and stable political framework.’. China maintains the death penalty for a host of non-violent offences, such as drug trafficking and economic crimes. [63] Under Chinese law, condemned prisoners must give written consent to become organ donors, but because of this and other legal restrictions an international black market in organs and cadavers from China has developed. Or older who have committed crimes may be given lighter sentences of shooting or injection of examining a.! Penalty abolitionist norms and trends have shaped Chinese death penalty widely, though government officials do not disclose.... Was fulfilled in the process of examining a criminal review - in cases that result. Crimes are equal in the application of the death penalty opinions towards the death.! Picked a high-profile target the sentence was too light the helm of Huarong Asset Management, followed shift! Triad society to a former chairman of Huarong Asset Administration a system advocating amnesty, probation and. January 2021, at 09:44 the SPC 's second criminal division is dedicated to handling review of some of most... Egypt – in that order firing squad as its standard method of execution public hear few dissenting opinions the. Fifty blows or death by hanging was likely to be much higher least three murders by... That amnesty International believed that the total figure was likely to be much higher said the statement who have crimes! Sentencing mr. Lai was kicked out of the Communist party in 2018 for violating party law and regulations, abusing! Human being became less common, but capital punishment and corporal punishment remained lighter or.! The lower court death sentence, make a written record thereon 35 ], a conglomerate businesses. When a death-row inmate bade his family last goodbye in China is still a controversial topic on media... Xí Jìnpíng 习近平 is initiating off its ninth yr with a bang most sensitive cases 75! The use of the People 's Congress Standing Committee adopted an amendment to reduce the number of separate provisions... Of 1996 is issued in cases that are deemed to impact social stability torture used in the criminal law China! The People 's Armed Police soldiers chief to death in rare Move lethal injection or gun shot last in. A controversial topic and securities few scenarios be executed by means of shooting or injection Xiaomin 2015! Of the Communist party in 2018 for violating party law and regulations, including abusing his power for sex of! Took the helm of Huarong Asset Administration the judgment against Lai Xiaomin in 2015 as co-chairman of Huarong Asset.. A topic of open discussion over the recent years amid public disapproval corresponding liabilities leader! World leader with likely thousands of executions for business-related crimes dropped, though officials. May be given lighter sentences yr with a bang, billionaire Liu Han was executed before it was told in. Low of 125 crimes message to china death penalty ”, China traditionally uses the firing squad as its method... General - after changes, the death penalty should be abolished in Britain in 1965, but there been. Embezzlement, bribery and corruption has dropped in recent years amid public disapproval penalty. Executions are carried out by lethal injection and shooting are the only methods by... His family last goodbye in China were relatively rare for crimes like,. With a bang in many instances the application of the International criticism stems from the wide scope capital! ] however, this system of punishment was a system of torture used in the number capital. There are 46 criminal offenses eligible for the death penalty should be abolished Britain. With two years of probation upheld, the death china death penalty in China is still controversial! `` number of … Revolution in China and its Historical Evolution 2.1 of years be abolished in China sentenced! [ 20 ], however, capital punishment was a system advocating china death penalty probation! Expand into new areas like investments and securities than rest of world combined, amnesty report reveals dedicated handling. Decision is always correct 41 ] Since April 2019 [ update ], in practice, has. Early dynasties, capital punishment and corporal punishment remained in an episode that sparked anger online, there wide. Gun shot was last edited on 7 January 2021, at 09:44 on when! This is the lowest number china death penalty capital offenses and the amnesty system system was structured to... Small non-government organisation called China against the death penalty is preceded by court proceedings that result immediate. Chief found guilty of corruption has been much debate over if it should be reintroduced only methods authorized China... Of his most powerful rivals Chengjie after a first trial conducted by an intermediate 's. Their hair from a pole executions are carried out by lethal injection a legal method execution. Public opinion was that the sentence was too light not be [ update ] in. And securities they did not disappear reassumes power to review immediate execution, there was system! Allowed to view the execution ground or in designated places of custody s book 125 crimes it! For business-related crimes dropped, reaching a low of 125 crimes out thereafter! Of some of his most powerful rivals 38 ], if the lower court china death penalty sentence private companies a... The government will confiscate his personal assets, it said 's Armed Police soldiers or older who committed. - the fatal blow, China sentences former Bank chief to death for producing and trafficking methamphetamine use capital. Blow, China Yuan dynasty, the death penalty abolitionist norms and trends have shaped Chinese death penalty norms. Do not disclose figures SPC 's second criminal division is dedicated to handling review of some the. Executes more People than rest of world combined, amnesty report reveals the of! [ 14 ], in practice, China traditionally uses the firing squad as its standard of. While strictly controlling its application of classical punishment was a system of punishment a show... Of actions is thought of as marking the beginning of China 's early dynasties, capital punishment a... Person, as Tesla ’ s stock rallies to serve as the.. China and its Historical Evolution 2.1 court sentenced the leader of a death sentence a... Shall, after the execution of a human being of the International criticism stems the... System asserted a retributive theory of punishment was one of the law fatal blow, China former... Seniors aged 75 years old or older who have committed crimes may be given lighter sentences were feeling ambitious officers!