The president of the Supreme People's Court reported to the current session of the Standing Committee of the 10th National People's Congress yesterday, saying it would continue to be cautious in giving death sentences in an attempt to ensure human rights
"Although China still has the death penalty to punish severe criminals, we will try to execute less people to avoid unjust cases," Xiao Yang told legislators, adding that, "Judgments that are found to lack sufficient evidence will be submitted for a new trial."
If criminals can be given a lighter punishment according to law, or if the death sentence is not urgent, the Supreme People's Court and high people's courts of provinces, municipalities and autonomous regions will commute it to a suspended sentence or life imprisonment, said Xiao.
Of the death sentences passed to the Supreme People's Court for judicial review since 2003, 22 percent were commuted, he said, and another 7 percent retried.
In high people's courts, 38 percent were commuted and 4 percent retried, according to Xiao.
The Supreme People's Court authorized the passing of death sentences for some crimes by high people's courts of provinces, municipalities and autonomous regions in the 1980s.
It is reported that this power will be withdrawn next year to improve fairness and caution in the passing of death sentences.
The same day, Jia Chunwang, procurator-general of the Supreme People's Procuratorate, told legislators measures are being drafted to better examine the legitimacy of evidence to help avoid confessions obtained through torture.
(China Daily October 26, 2005)
