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Decision of the Standing Committee of the National People's Congress Regarding Approval of Cases Involving the Death Sentence [Effective]
全国人民代表大会常务委员会关于死刑案件核准问题的决定 [现行有效]
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Decision of the Standing Committee of the National People's Congress Regarding Approval of Cases Involving the Death Sentence 

全国人民代表大会常务委员会关于死刑案件核准问题的决定


(Adopted at the 19th Meeting of the Standing Committee of the Fifth National People's Congress on June 10, 1981)
 
(一九八一年六月十日第五届全国人民代表大会常务委员会第十九次会议通过)


In order promptly to suppress active criminals who seriously undermine public security by committing murder, robbery, rape or arson, or causing explosions, etc., the following Decision is made regarding the approval of cases involving death sentences:
 
为了及时打击现行的杀人、 抢劫、强奸、 爆炸、放火等严重破坏社会治安的犯罪分子,现对死刑案件核准问题,作如下决定:

 
(1) From 1981 through 1983, the cases of criminals who commit murder, robbery, rape or arson, cause explosions, spread poisons, breach dikes or undermine transportation or electric power equipment, do not have to be submitted to the Supreme People's Court for approval if the higher people's court of a province, autonomous region, or municipality directly under the Central Government has imposed the death penalty in a judgment of final instance; or an intermediate people's court has imposed the death penalty in a judgment of first instance, the defendant does not appeal, and the sentence is approved by a higher people's court; or a higher people's court has imposed the death penalty in a judgment of first instance and the defendant does not appeal.  一、在一九八一年至一九八三年内,对犯有杀人、抢劫、强奸、爆炸、放火、投毒、决水和破坏交通、 电力等设备的罪行, 由省、自治区、直辖市高级人民法院终审判决死刑的,或者中级人民法院一审判决死刑,被告人不上诉,经高级人民法院核准的,以及高级人民法院一审判决死刑,被告人不上诉的,都不必报最高人民法院核准。

 
(2) Death sentences imposed on criminals who commit counterrevolutionary crimes or corruption shall continue to be subject to approval by the Supreme People's Court in accordance with the provisions of the Criminal Procedure Law regarding the procedure for review of death sentences.

  二、对反革命犯和贪污犯等判处死刑,仍然按照“刑事诉讼法”关于“死刑复核程序”的规定,由最高人民法院核准。
 

     
     
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