CHINA: APPEALS ARE ENSURED FOR DEATH CASES

September 2, 2010: China has taken a new move to prevent wrongful convictions in death sentence cases and limit the number of death sentences by ensuring the appeals process for the condemned.
According to a judicial interpretation published by the Supreme People's Court (SPC) and Supreme People's Procuratorate on August 31, once an appeal has been accepted by a higher court, those sentenced to death are not allowed to stop it.
"In some cases, defendants are threatened by police officers and judges involved in the case, who might be punished for their mistakes if it's reversed," Beijing-based lawyer Che Xingyi told China Daily.
According to the top court, some provincial higher courts and procuratorates have been dealing with situations in which the condemned decide to revoke appeals during a second trial.
"As there was no standard regulation for such a situation, some courts have allowed the revocation but some haven't," the SPC said. "This interpretation just aims to address the divergence."
The top court said those who appeal after being sentenced to death must have had doubts about the first trial and so even if they later ask for revocation, the higher court should have a second trial.
Cases involving the death penalty should have stricter procedures to ensure justice, the SPC said.
Compared to a review by a higher court, a second trial with all related parties participating is a better way for judges to identify evidence and reconsider the sentence, analysts said.
Each time a death penalty is delivered by a lower court, the sentence has to be reviewed by the top court before the execution can take place. If a city-level court delivers the death penalty, it has to be reviewed by a provincial court before going to the top court.
The interpretation is a further step to limit death penalty cases, after the SPC took back its right to review the death penalty cases in 2007, experts said. (Sources: China Daily, 01/09/2010)