Death with reprieve (simplified Chinese: 死刑缓期执行; traditional Chinese: 死刑緩期執行; pinyin: sǐxíng huǎnqī zhíxíng, abbr.: 死缓; 死緩; Sǐhuǎn) is a criminal punishment found in the law of the People's Republic of China. According to the criminal law chapter 5 (death penalty), sections 48, 50 and 51, it gives the death row inmate a two-year suspended sentence of the execution. The convicted person will be executed if found to have committed further crimes during the two years following the sentence; otherwise, the sentence is automatically reduced to life imprisonment or a fixed-term imprisonment if the person is found to have performed deeds of merit during the two years.[1]
Unlike pardon (clemency), in which the relief of the penalty is decided after the death penalty has been pronounced, reprieve is pronounced directly in place of the death sentence to the prisoner who has committed the potentially capital crime.
Chinese courts hand down this form of sentencing as frequently as, or more often than,[2] actual death sentences. This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court, and has a centuries-old history in Chinese jurisprudence.[3] Scholars reported that in the context of the post-2007 death penalty reform in China, a considerable number of prisoners who would previously be subject to the death penalty by immediate execution have been diverted to the suspended death penalty regime.[4]
After The Amendment (IX) to the Criminal Law of the People's Republic of China in 2015, courts may act according to the circumstances for criminals charged with bribery or "plundering the public treasury", possibly issuing a sentence without the possibility of a reduction to fixed-term imprisonment or of parole when the sentence was automatically reduced to life imprisonment (such as Bai Enpei).
Thus, once the two-year suspension of execution has expired, a sentence of "death with reprieve without commutation or parole" will automatically be reduced to life imprisonment regardless of any deeds of merit performed during the two years, meaning the offender will spend the rest of their life in prison.
^Gazette of the State Council of the People's Republic of China(PDF) (in Chinese), Government of the People's Republic of China, 4 April 1997, retrieved 20 August 2012
^Trevaskes, Susan (May–June 2008). "The Death Penalty in China Today: Kill Fewer, Kill Cautiously". Asian Survey. 48 (3): 393–413. doi:10.1525/as.2008.48.3.393. hdl:10072/26121.
^Scobell, Andrew (September 1990). "The Death Penalty in Post-Mao China". China Quarterly. 123 (123): 503–520. doi:10.1017/S0305741000018890. S2CID 154380257.
^Miao, Michelle (2016). "Two Years between Life and Death: A Critical Analysis of the Suspended Death Penalty in China". International Journal of Law, Crime and Justice. 45 (3): 26–43. doi:10.1016/j.ijlcj.2015.10.003.
March 03, 2023
death, sentence, with, reprieve, death, with, reprieve, simplified, chinese, 死刑缓期执行, traditional, chinese, 死刑緩期執行, pinyin, sǐxíng, huǎnqī, zhíxíng, abbr, 死缓, 死緩, sǐhuǎn, criminal, punishment, found, people, republic, china, according, criminal, chapter, death,. Death with reprieve simplified Chinese 死刑缓期执行 traditional Chinese 死刑緩期執行 pinyin sǐxing huǎnqi zhixing abbr 死缓 死緩 Sǐhuǎn is a criminal punishment found in the law of the People s Republic of China According to the criminal law chapter 5 death penalty sections 48 50 and 51 it gives the death row inmate a two year suspended sentence of the execution The convicted person will be executed if found to have committed further crimes during the two years following the sentence otherwise the sentence is automatically reduced to life imprisonment or a fixed term imprisonment if the person is found to have performed deeds of merit during the two years 1 Unlike pardon clemency in which the relief of the penalty is decided after the death penalty has been pronounced reprieve is pronounced directly in place of the death sentence to the prisoner who has committed the potentially capital crime Chinese courts hand down this form of sentencing as frequently as or more often than 2 actual death sentences This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court and has a centuries old history in Chinese jurisprudence 3 Scholars reported that in the context of the post 2007 death penalty reform in China a considerable number of prisoners who would previously be subject to the death penalty by immediate execution have been diverted to the suspended death penalty regime 4 After The Amendment IX to the Criminal Law of the People s Republic of China in 2015 courts may act according to the circumstances for criminals charged with bribery or plundering the public treasury possibly issuing a sentence without the possibility of a reduction to fixed term imprisonment or of parole when the sentence was automatically reduced to life imprisonment such as Bai Enpei Thus once the two year suspension of execution has expired a sentence of death with reprieve without commutation or parole will automatically be reduced to life imprisonment regardless of any deeds of merit performed during the two years meaning the offender will spend the rest of their life in prison See also EditCapital offences in China Death recorded ReprieveReferences Edit Gazette of the State Council of the People s Republic of China PDF in Chinese Government of the People s Republic of China 4 April 1997 retrieved 20 August 2012 Trevaskes Susan May June 2008 The Death Penalty in China Today Kill Fewer Kill Cautiously Asian Survey 48 3 393 413 doi 10 1525 as 2008 48 3 393 hdl 10072 26121 Scobell Andrew September 1990 The Death Penalty in Post Mao China China Quarterly 123 123 503 520 doi 10 1017 S0305741000018890 S2CID 154380257 Miao Michelle 2016 Two Years between Life and Death A Critical Analysis of the Suspended Death Penalty in China International Journal of Law Crime and Justice 45 3 26 43 doi 10 1016 j ijlcj 2015 10 003 Retrieved from https en wikipedia org w index php title Death sentence with reprieve amp oldid 1142501325, wikipedia, wiki, book, books, library,
