Top magic art
Judicatory explanation
The top people court that carries out formally on January 1 this year " about procedural law of criminal of applicable < People's Republic of China > explain " the 423rd regulation: "Court of first instance people is in before executing, ought to inform convict to authority interviews his close relative. Convict applies for to interview and offer specific connection way, people court ought to inform his of close relative. Convict close relative applies for to interview, people court ought to allow, seasonable arrangement is interviewed. Seasonable arrangement is interviewed..
But, do not have legal provision at present, if the court was not done according to judicatory explanation, can suffer what kind of punishment.
Zhao Qian of reporter of Chengdu business newspaper is sent from Beijing
Because Ceng Chengjie's family member is done not have,he sees before its carry out a death sentence last, caused thereby to the court whether " the act first and report afterwards " controversy. So, be in China, how is death penalty implemented? Only functionary crime convict can use inject means when execute, can averharrison hot spring dealage criminal use execute by shooting only? Does capital punishment make can you meet with the family member before carry out a death sentence? Chenorth face shirtsngdu business signs up for a reporter a few days ago special interview expert of many capital punishment research, open the mysterious veil that Chinese capital punishment carries out.
1
Does capital punishment make can you see a family member?
Enjoy before carry out a death sentence see with the right that disappear
Han Yicun of lawyer of the expert of capital punishment research that ever had heard case of capital punishment plead many cases, Beijing tells Chengdu business signs up for a reporter, according to top people court " about procedural law of criminal of applicable < People's Republic of China > explanation " (the following abbreviation " judicatory explains " ) regulation, capital punishment makes the right that see a family member or disappears is enjoyed before carry out a death sentence. Capital punishment makes application interview, the court must be arranged. Before phasing of this kind of compasses is compared, it is a progress actually. Before this, capital punishment makes in just before execution before whether visibility family member, right control is in local court hand, the court can be arranged according to the circumstance, the lharrison hot spring weather forecastikelihood arranges likely also and disturbed platoon.
Han Yicun tells Chengdu business signs up for a reporter, according to judicatory explanation, the court makes in inquiry capital punishment when whether needing to see a family member before carry out, no matter whether he is willing to see a family member, need written do note, and can ask oneself sign. Rule in check of supreme court capital punishment before make known to lower levels, capital punishment makes still belong to pendency to make. And current law did not set a family member to be able to rule to make with capital punishment before make known to lower levels in check meet. Can say, it is very difficult that most capital punishment makes meet with the family member before check ruling make known to lower levels.
The Sun Zhongwei of Beijing well-known lawyer that devotes oneself to capital punishment plead all the time tells Chengdu business signs up for a reporter, let do not let capital punishment make see a family member, rule in check of supreme court capital punishment before make known to lower levels, power to make decisions is in lock up in the detention house hand that capital punishment makes. Current, home has the detention house of a few place to be able to have in-house regulation, allow capital punishment to make see a family member. As to in when to see, meet time is how long, the detention house can have in-house regulation. "The family member that a lot of capital punishment make previously fails to see its are final at the same time, some people have an opinion, but say to the court namely, did not cause like Ceng Chengjie case such attention. " Sun Zhongwei explains so.
2
norton internet antivirusWhen is capital punishment carried out?
Read out carried out a command that day that day
Han Yicun says, judicatory explains a provision, the capital punishment of top people court executes an order, carry out by court of brass faucet aerator people of first instance of consign of senior people court. After court of first instance people receives capital punishment to execute an order, ought to carry out inside 7 days. But law does not have a regulation, the court should be in when to make oneself announce time of carry out a death sentence to capital punishment.
According to Han Yicun's explanation, according to usual practice, because the court worries to inform capital punishment to make time of specific carry out a death sentence can bring about its to havewatch case manufacturer overreaction ahead of schedule, also go to the lavatory for management, a lot of moment, the court can make in capital punishment be taken executed an order of a detention house to capital punishment of its read out that day, carried out that day. And after place of a few guard is informed specific capital punishment to execute time, may the staff member tells capital punishment to make under the counter, but this is only a kind inform under the counter, and be not a program to go up announce. "Normally for, make when a capital punishment be taken when the detention house, this means him to also be answered again did not go. " Sun Zhongwei says, read out makes be over to capital punishment in the judge after capital punishment approve rules, capital punishment makes can be sent execution ground directly. Before execute, detention house policemen can make arrangement to capital punishment normally big meal, let its bathe change clothes.
"All capital punishment make, when facing death to come, it is scared, fear. " Li Yunlong of professor of institute of law of courtyard of division of company of province of expert of research of famous capital punishment, Jiangxi expresses, he once saw in detention house face the capital punishment that is about to execute makes when, see the other side cannot eat the meal that next detention houses prepare completely, took a steamed bread only. Also making oneself face panicky feeling of death because of capital punishment, make the order that most court won't choose to make read out formally execute to capital punishment ahead of schedule.
3
Family member whether deal with remains?
Cremation is over to inform the family member gets ashes of the dead again
After Ceng Chengjie carry out a death sentence counts day, ceng Chengjie's family member got his ashes of the dead eventually. This, also posed public doubt, why does the family member that capital punishment makes see even the face remains, deal with is the right of remains done not have?
Sun Zhongwei tells Chengdu business signs up for a reporter, judicatory explanation has a regulation, after executing, the people court that is in charge of carrying out ought to inform his the family member gets ashes of the dead inside deadline; Because the reason such as nation, religion is unfavorable,perhaps did not cremate a condition, the announcement gets remains; Expire to be not gotten, inform concerned unit of processing by people court, ask to issue the specification that handles a case about the unit; To convict ashes of the dead or the processing circumstance of remains, ought to on record. That is to say, should not be besides a few circumstance of cremation, capital punishment makes after execute, can send funeral parlour cremation. Later, inform the family member gets ashes of the dead again.
Sun Zhongwei says, top people couthe most popular norton internet antivirusrt has the in-house program that a capital punishment implements, carry out in capital punishment after ending, the bailiff of supervisory carry out a death sentence still must supervise remains to send funeral parlour, supervise remains cremation. Later, just calculate finished capital punishment to execute an order. The cremation after executing, it the best selling north face shirtsis a normal current technological process almost.
And the organ that the somebody before this pledges doubt capital punishment makes flows to a problem. Sun Zhongwei says this is a complex issue, because of cremation hind, those who be handed in in family member hand is ashes of the dead, because this is done not have,corresponding evidence can prove organic flow direction. Of course, come up from law tell, agree without oneself, the organ is cannot " be forced " contribute go out.
4
Capital punishment of inject of ability of functionary crime convict?
A batch of capital punishment make by same kind means is carried out
Normally, make to capital punishment in the judge when announcing capital punishment executes an order, can say 4 words, "Identify " , later, ability can attend its sign execution ground to execute.
Identify what to mean? Li Yunlong tells Chengdu business signs up for a reporter, "Identify " , it is the court makes to capital punishment actually undertake identity test and verify, whether is including him, the age is waited a moment whether consistently. And when identify, the judge still needs to enquire capital punishment makes what kind of words of the deceased want to tell a family member, if where manages,belongings needs to wait a moment. Judicatory explains a provision, the court notes to the posthumous papers of convict, words of the deceased, ought to examine in time; Involve property of the content such as entrust of pay off of successive, debt, housekeeping, note posthumous papers, words of the deceased give family member, duplicate at the same time add a for future reference; Involve the issue such as case clew, copy to concerned mechanism.
A few years before, institute of law of courtyard of division of company of expert of research of famous capital punishment, China teachs Liu Renwen to ever appealed for many times cancel execute by shooting, replace with more humane inject capital punishment. But since from 1997 China begins death sentence of try out inject, besides a few big cities, inject capital punishment was not carried out in the round.
Liu Renwen expresses, unite by top people court with the drug at inject capital punishment master. The means cent of inject capital punishment carries type and fixed execution ground to carry out into the car. Executive car cost is in 700 thousand the left and right sides, and fixed execution ground needs 1 million. Because investment is very large, the execution ground that a lot of places did not popularize fixed inject completely to execute or flow carry out a car. Han Yicun says, compare execute by shooting, inject capital punishment can let capital punishment make death get more creditable, have honor more. But the execution ground of inject capital punishment or flow carry out a car, need is deployed according to saving the requirement of city individually.
Before this, ever had hostage doubt, whether the tall, functionary crime conthe most popular watch casesvict that have powerful connections is in position the meeting when executing uses inject means, and the meeting when average criminal is executed uses execute by shooting. Sun Zhongwei introduces, when just beginning pilot inject death sentence, may be opposite through this kind of means convict of crime of a post, for instance some curule execute, but at present inject capital punishment had carried out more than 10 years in China, execution means can differ according to accusation not quite normally and distinction is treated, it is a batch of capital punishment make normally when be being carried out according to same kind means is carried out.
Ever became outstandfree watch caseing ashes of the dead
Yesterday bury
15 days 16 when 24 minutes, female Ceng Shan of Ceng Chengjie sent a piece of pictures on small gain. The content of the photograph, it is the urn of her father Ceng Chengjie. Ceng Shan says, "Took father's ashes of the dead eventually, I dare not believe father died really! Cannot see even the body! The meeting after I dare not imagine the mom in jail and elder sister know this news gets what kind of blow! The meeting after I dare not imagine the mom in jail and elder sister know this news gets what kind of blow!!
Yesterday morning, ceng Shan tells a reporter, they had hurrieded back Shao Yang native place buries father ashes of the dead, want to handle a funeral affair of good father only at present, examine minutely why Changsha quadrangle interviews authority before privative punishment again later.
Eve afternoon, changsha quadrangle criminal rules Wu Jixiang of presiding judge of 2 front courtyard makes public response outside first degrees to oppugn. Wu Jixiang expresses, whole case process, the court executes the law strictly, nonexistent secret executes say. (Legal evening paper)
His Shan Zhishi
Japanese capital punishment makes
May wait 56 years in the jail
The Chinese death penalty that implemented that day to announcing capital punishment executes an order that day carries out the current situation, li Yunlong says, although system of Chinese capital punishment is two careful final judgment is made, but because have the system of capital punishment check of top people court, chinese capital punishment should belong to 3 careful actually to make. But after the make known to lower levels of ruling of capital punishment check of top people court, the meeting is very normally quick when specifi want modern dining chairsic executive court is being carried out. Under photograph comparing, in a few other countries of system of capital punishment of continue to use, after capital punishment commands make known to lower levels, a lot of capital punishment make is not to be carried out instantly. The capital punishment of some countries makes still can continue to wait for in the jail, await amnesty of for example president the message of your and so on. Be in Japan, convict is sentenced after capital punishment, may wait for in the jail 5, 6 years. Convict also has continue appeal for many times the right. Chengdu business signs up for
