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Improvement of Death Penalty


Into a written review of secret trial. Prosecution and defense into the death penalty review process is the continuity of the entire criminal proceedings the internal logic requirements. To the prosecution, the accused, counsel to the Court's review process, so that they once again to the facts and evidence presentation and debate, both to prevent victimizes, to ensure correct application of the death penalty, protection of human rights, but also ensure proper and timely punishment crime, to achieve social justice. The openness of justice is a necessary requirement of modern society ruled by law,[link widoczny dla zalogowanych], but also an inherent requirement of the judicial system itself. For convincing the parties, the judiciary should not through the Although the death penalty review process from the trial into a hearing in writing to some extent will reduce the judicial efficiency, but efficiency must not be sacrificed just for the price, but should proceed from the change process itself. At present, China's death penalty review the jurisdiction of the case is trial implementation of a comprehensive principle that the lower court's death penalty cases take the initiative to submit all the materials a higher court, the facts and the law by higher courts to conduct a comprehensive review of the scope of this trial was too broad, it will inevitably cause Death Penalty workload increases. In order to improve the efficiency, I think we can provide for the case to trial within a certain range,[link widoczny dla zalogowanych], that is, the scope of the defendant or the application for hearing within the People's Procuratorate of protest, so that not only can improve the efficiency, but also the focus of the trial clearly the case in favor correctly. (C) the trial of death penalty review procedure explicitly limit the death penalty based on the special review procedure, as well as to ensure the harmonization of laws, I believe that the trial for the death penalty review procedure should not be prescribed period is too short, it is necessary to ensure the effectiveness of the proceedings, but also more concerned about the fairness of the outcome of litigation. Changes in the Code of Criminal Procedure that should be clear: the death penalty review period of six months the trial of the case, for difficult cases need to be extended, upon approval of the Supreme Judicial Committee may be extended for 3 months, only once. Such a provision,[link widoczny dla zalogowanych], not only guarantees the quality of case handling, and consistent with protection of the accused in custody for too long from the requirements.
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