The second instance upheld the original judgment of the death penalty offender and reported it to the Supreme People's Court for approval before executing the death penalty. The specific time should be determined according to the actual situation. According to the provisions of Article 250 of the Criminal Procedure Law, when reviewing a death penalty case, the Supreme People's Court shall make a ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court can send it back for retrial or change the sentence.
Do condemned prisoners know when they will be executed?
The condemned man knows the date of his execution. The people's court at a lower level shall, after receiving the order of the Supreme People's Court to execute the death penalty, deliver it for execution within seven days, and the executors of the people's court shall promptly notify the criminals and notify the people's procuratorate at the same level to send personnel to be present for supervision.
How to execute the death penalty?
According to the law of our country, before handing over the death penalty, the court shall notify the people's procuratorate at the same level to send personnel to supervise on the spot. And can only be performed by injection or injection. The judge directing the execution should identify the criminal, ask him if he has any last words or suicide notes, and then hand them over to the executor for execution. After the death penalty is executed, the on-site clerk shall make a written record. The people's court delivering the execution shall report the execution of the death penalty to the Supreme People's Court. The Legal Express reminds you that after the execution of the death penalty, the people's court that delivered the execution shall notify the criminal's family.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 262 The people's court at a lower level shall, after receiving an order from the Supreme People's Court to execute the death penalty, deliver it for execution within seven days. However, if any of the following circumstances is found, the execution shall be stopped and immediately reported to the Supreme People's Court for a ruling by the Supreme People's Court:
1。 It is found that the judgment may be wrong before execution;
2。 The criminal may need to change his sentence by exposing major criminal facts or making other major meritorious deeds before execution;
3。 The criminal is pregnant.
After the reasons for the suspension of execution in items 1 and 2 of the preceding paragraph disappear, it must be reported to President the Supreme People's Court for approval before execution; If the execution is stopped due to the reasons listed in Item 3 of the preceding paragraph, it shall be reported to the Supreme People's Court for review according to law.