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Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Issuing the “Opinions on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases”
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最高人民法院、最高人民检察院、公安部、司法部印发《关于进一步严格依法办案确保办理死刑案件质量的意见》的通知
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| Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Issuing the “Opinions on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases” | | 最高人民法院、最高人民检察院、公安部、司法部印发《关于进一步严格依法办案确保办理死刑案件质量的意见》的通知 |
(No. 11 [2007]) | |
（法发[2007]11号） |
The higher people's courts, people's procuratorates, public security departments (bureaus), judicial administration departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court and Military Procuratorates of the PLA, the Security Section of the General Political Department of the PLA, the Production and Construction Army Corps Branch Court of the Higher People's Court of Xinjiang Uygur Autonomous Region, the People's Procuratorate, Public Security Bureau and Judicial Administration Bureau of Xinjiang Production and Construction Army Corps: | |
各省、自治区、直辖市高级人民法院、人民检察院、公安厅（局）、司法厅（局），解放军军事法院、军事检察院、总政治部保卫部，新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院、公安局、司法局： |
The “Opinions on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases” have been printed and are hereby distributed to you. Please conscientiously implement them. In case of any question during the implementation, please report it to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice in time separately. | |
现将《关于进一步严格依法办案确保办理死刑案件质量的意见》印发给你们，请认真遵照执行。执行情况及遇到的问题，请分别及时报告最高人民法院、最高人民检察院、公安部、司法部。 |
March 9, 2007 | |
二○○七年三月九日 |
Opinions on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases | |
最高人民法院、最高人民检察院、公安部、司法部关于进一步严格依法办案确保办理死刑案件质量的意见 |
The central authority has decided to reform the way of authorizing the higher people's courts to exercise partial power to review death penalty cases, and decided to uniformly take back power to review death penalty cases to the Supreme People's Court. It also requires that cases shall be handled strictly pursuant to legal procedures, so as to guarantee the quality of handling death penalty cases. On October 31, 2006, the Standing Committee of the National People's Congress adopted the “Decision on Amending the Law of the People's Republic of China on the Organization of the People's Courts ”, and decided that, as of January 1, 2007, the power to review death penalty cases should be uniformly exercised by the Supreme People's Court. In order to conscientiously fulfill this major decision and deployment of the central authority, we hereby put forward the following opinions for the people's courts, the people's procuratorates, the public security organs and the judicial administrative organs to strictly abide by the law in handling death penalty cases: | |
中央决定改革授权高级人民法院行使部分死刑案件核准权的做法，将死刑案件核准权统一收归最高人民法院行使，并要求严格依照法律程序办案，确保死刑案件的办理质量。2006年10月31日，全国人大常委会通过《关于修改〈中华人民共和国人民法院组织法〉的决定》，决定从2007年1月1日起由最高人民法院统一行使死刑案件核准权。为认真落实中央这一重大决策部署，现就人民法院、人民检察院、公安机关、司法行政机关严格依法办理死刑案件提出如下意见： |
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| I. Fully understanding the great significance of guaranteeing the quality of handling death penalty cases. | | 一、充分认识确保办理死刑案件质量的重要意义 |
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| 1. Death penalty is the severest criminal penalty of depriving of the lives of criminals. The central authority decides that only the Supreme People's Court may exercise the power to review death penalty cases. This decision is a major measure for constructing a socialist harmonious society, fulfilling the basic strategy of governing the state under the rule of law, respecting and safeguarding human rights. It helps maintain social and political stability, maintain the unity of the state's legal system, and institutionally guarantee the prudence and impartiality of judgments and rulings on death penalty. It is also of great significance to guarantee the realization of fairness and justness in the whole society, to consolidate the power of the people's democratic dictatorship, and to comprehensively build a well-off society. | | 1．死刑是剥夺犯罪分子生命的最严厉的刑罚。中央决定将死刑案件核准权统一收归最高人民法院行使，是构建社会主义和谐社会，落实依法治国基本方略，尊重和保障人权的重大举措，有利于维护社会政治稳定，有利于国家法制统一，有利于从制度上保证死刑裁判的慎重和公正，对于保障在全社会实现公平和正义，巩固人民民主专政的政权，全面建设小康社会，具有十分重要的意义。 |
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| 2. The Supreme People's Court's centralized exercise of the power to review death penalty cases sets a new and higher goal for the work of the people's courts, the people's procuratorates, the public security organs and the judicial administrative organs. The quality of handling cases is the lifeline of the work of the people's courts, the people's procuratorates, the public security organs and the judicial administrative organs. Death penalty cases are of utmost importance, and accordingly, the issue of quality is especially important. To guarantee the quality of handling death penalty cases is the key of smooth implementation of the major decision of the central authority, and is the most fundamental requirement, too. The people's courts, people's procuratorates, public security organs and judicial administrative organs at each level must attach great importance, unify their minds, enhance their awareness, and unify their actions to the central authority's decision. They shall adhere to being guided by Deng Xiaoping Theory and the important thoughts of “Three Represents”, implement the scientific development view in an all-round way, firmly establish the philosophy of socialist rule of law, perform duties according to the law, implement the Criminal Law and the Criminal Procedure Law strictly, and effectively control death penalty cases in respect of facts, evidence, procedures, and application of laws, so as to enable each handled death penalty case to pass the test of history. | | 2．最高人民法院统一行使死刑案件核准权，对人民法院、人民检察院、公安机关和司法行政机关的工作提出了新的、更高的要求。办案质量是人民法院、人民检察院、公安机关、司法行政机关工作的生命线，死刑案件人命关天，质量问题尤为重要。确保办理死刑案件质量，是中央这一重大决策顺利实施的关键，也是最根本的要求。各级人民法院、人民检察院、公安机关和司法行政机关必须高度重视，统一思想，提高认识，将行动统一到中央决策上来，坚持以邓小平理论和“三个代表”重要思想为指导，全面落实科学发展观，牢固树立社会主义法治理念，依法履行职责，严格执行刑法和刑事诉讼法，切实把好死刑案件的事实关、证据关、程序关、适用法律关，使办理的每一起死刑案件都经得起历史的检验。 |
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| II. Principles and requirements for handling death penalty cases. | | 二、办理死刑案件应当遵循的原则要求 |
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| (I) Insisting on the combination of punishing crimes with safeguarding human rights. | | （一）坚持惩罚犯罪与保障人权相结合 |
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| 3. China is presently at an era of important strategic opportunity for comprehensively building a well-off society and speeding up the construction of a modern socialist country, but is meanwhile at an era with prominent internal contradictions among the people, frequent occurrence of crimes and complicated fights against enemies. The tasks of maintaining social harmony and stability are very heavy, so we must continue adhering to the guideline of “striking hard”, make correct use of death penalty to fight against severe crimes, and effectively stop criminal activities from being rampant or spreading. Meanwhile, we shall fully implement the constitutional principle that “the state respects and safeguards human rights”, effectively safeguard the lawful rights and interests of criminal suspects and defendants. We shall pay equal attention to punishing crimes according to law and safeguarding human rights according to law, adhere to the basic principle of legally prescribed punishment for each specified crime, that of suitable punishment to each crime, that of applying the Criminal Law to people on an equal footing, that of public trial, and that of statutory procedures, etc., and guarantee that those who are guilty will be punished according to law while those who are innocent will not be investigated for criminal liabilities. | | 3．我国目前正处于全面建设小康社会、加快推进社会主义现代化建设的重要战略机遇期，同时又是人民内部矛盾凸显、刑事犯罪高发、对敌斗争复杂的时期，维护社会和谐稳定的任务相当繁重，必须继续坚持“严打”方针，正确运用死刑这一刑罚手段同严重刑事犯罪作斗争，有效遏制犯罪活动猖獗和蔓延势头。同时，要全面落实“国家尊重和保障人权”宪法原则，切实保障犯罪嫌疑人、被告人的合法权益。坚持依法惩罚犯罪和依法保障人权并重，坚持罪刑法定、罪刑相适应、适用刑法人人平等和审判公开、程序法定等基本原则，真正做到有罪依法惩处，无罪不受刑事追究。 |
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| (II) Insisting on preserving death penalty but controlling death penalty strictly and applying death penalty prudentially. | | （二）坚持保留死刑，严格控制和慎重适用死刑 |
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| 4. “Preserving death penalty but controlling death penalty strictly” are the basic policy of China on death penalty. Practices prove that this policy is completely correct, so we must continue implementing it. We shall entirely and accurately understand and implement the guideline of “striking hard”, severely combat serious crimes according to the law, and firmly sentence a handful of criminals who have committed extremely serious crimes to death penalty according to the law. China may not abolish death penalty at present, but shall gradually shrink the scope of applying death penalty. Anyone who may either or not be sentenced to death shall not be sentenced to death. When handling death penalty cases, the institutions concerned must, according to the requirement on constructing a socialist harmonious society and on maintaining social stability, be precise and prudential, and shall guarantee the correct finding of facts on the basis of evidence and put an end to undeserved and wrong cases on the one hand, and guarantee the accurate conviction and suitable sentencing so as to execute the criminals as less and sentence as prudentially as possible on the other. | | 4．“保留死刑，严格控制死刑”是我国的基本死刑政策。实践证明，这一政策是完全正确的，必须继续贯彻执行。要完整、准确地理解和执行“严打”方针，依法严厉打击严重刑事犯罪，对极少数罪行极其严重的犯罪分子，坚决依法判处死刑。我国现在还不能废除死刑，但应逐步减少适用，凡是可杀可不杀的，一律不杀。办理死刑案件，必须根据构建社会主义和谐社会和维护社会稳定的要求，严谨审慎，既要保证根据证据正确认定案件事实，杜绝冤错案件的发生，又要保证定罪准确，量刑适当，做到少杀、慎杀。 |
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| (III) Attaching equal importance to procedural impartiality and substantive impartiality, and safeguarding the lawful rights of criminal suspects and defendants. | | （三）坚持程序公正与实体公正并重，保障犯罪嫌疑人、被告人的合法权利 |
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| 5. The people's courts, the people's procuratorates and the public security organs shall, when undertaking criminal litigation, guarantee both the correctness of the substantive aspect of the cases, and the justness and legality of the criminal litigation procedures. At the stages of investigation, lodging prosecution, trial, etc., they must always take the litigation according to the law, firmly overcome the wrong concept of stressing substantive aspect but ignoring the procedures, and that of stressing combat but ignoring protection, respect litigation status of the criminal suspects and the defendants, and effectively guarantee that the criminal suspects and the defendants can fully exercise their litigation rights including the defending right, so as to avoid undeserved and wrong cases caused from deprivation or restriction of the lawful rights of the criminal suspects or the defendants. | | 5．人民法院、人民检察院和公安机关进行刑事诉讼，既要保证案件实体处理的正确性，也要保证刑事诉讼程序本身的正当性和合法性。在侦查、起诉、审判等各个阶段，必须始终坚持依法进行诉讼，坚决克服重实体、轻程序，重打击、轻保护的错误观念，尊重犯罪嫌疑人、被告人的诉讼地位，切实保障犯罪嫌疑人、被告人充分行使辩护权等诉讼权利，避免因剥夺或者限制犯罪嫌疑人、被告人的合法权利而导致冤错案件的发生。 |
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| (IV) Adhering to the principle of making judgments or rulings on the basis of evidence, attaching importance to evidence and not being credulous of confessions. | | （四）坚持证据裁判原则，重证据、不轻信口供 |
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| 6. When handling death penalty cases, the institutions concerned shall adhere to the principle of attaching importance to evidence and not being credulous of confessions. When there is only the confession of a defendant, but there is no other evidence, the defendant shall not be affirmed as guilty; when there is no confession of the defendant, but other evidence is confirmative and sufficient, the defendant may be affirmed as guilty. The confession collected from criminal suspect or defendant by interrogation with torture, or the victim's statements or witness' testimony collected by illegal means such as violence or threat, etc. shall not be used as the basis for determining the case. The guilty verdicts to the defendants must be made in strict accordance withArticle 162 of the Criminal Procedure Law, in which the “facts shall be clear, and the evidence shall be confirmative and sufficient”. When the evidence is insufficient, and the defendant cannot be affirmed as guilty, an innocent judgment shall be made by stating that the evidence is insufficient and the crime in prosecution cannot be tenable. | | 6．办理死刑案件，要坚持重证据、不轻信口供的原则。只有被告人供述，没有其他证据的，不能认定被告人有罪；没有被告人供述，其他证据确实充分的，可以认定被告人有罪。对刑讯逼供取得的犯罪嫌疑人供述、被告人供述和以暴力、威胁等非法方法收集的被害人陈述、证人证言，不能作为定案的根据。对被告人作出有罪判决的案件，必须严格按照刑事诉讼法第一百六十二条的规定，做到“事实清楚，证据确实、充分”。证据不足，不能认定被告人有罪的，应当作出证据不足、指控的犯罪不能成立的无罪判决。 |
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| (V) Adhering to the criminal policy of stressing both leniency and severity. | | （五）坚持宽严相济的刑事政策 |
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| 7. When criminal penalties are applied to death penalty cases, lighter penalties shall be prevented from being sentenced to serious crimes, and heavier penalties shall be prevented from being sentenced to light crimes. Penalties shall correspond to crimes. Specifically, those who commit serious crimes shall be sentenced to heavy penalties, those who commit light crimes shall be sentenced to light penalties, and those who are innocent shall not be penalized. The defendants with extremely severe crimes must be punished according to the law and be combated severely; the defendants who “shall”, as prescribed in law, be given lighter, mitigated penalties or be exempted from penalties shall be treated leniently according to the law; the defendants who “may”, as prescribed in law, be given lighter, mitigated penalties or be exempted from penalties shall, if there is no other particular circumstance, be treated leniently according to the law in general; and those who are in the circumstance of being penalized leniently as the case may be shall also be taken into account according to the law. | | 7．对死刑案件适用刑罚时，既要防止重罪轻判，也要防止轻罪重判，做到罪刑相当，罚当其罪，重罪重判，轻罪轻判，无罪不罚。对罪行极其严重的被告人必须依法惩处，严厉打击；对具有法律规定“应当”从轻、减轻或者免除处罚情节的被告人，依法从宽处理；对具有法律规定“可以”从轻、减轻或者免除处罚情节的被告人，如果没有其他特殊情节，原则上依法从宽处理；对具有酌定从宽处罚情节的也依法予以考虑。 |
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| III. Performing statutory duties carefully, and handling death penalty cases in strict accordance with the law. | | 三、认真履行法定职责，严格依法办理死刑案件 |
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| (1) Investigations | | （一）侦查 |
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8. The investigation organs shall, pursuant to the procedures prescribed in the Criminal Procedure Law, judicial interpretations and other relevant provisions, fully and timely collect all kinds of evidence involving the case facts for proving the criminal suspects to be guilty or innocent, or to have committed serious or light offences, etc. It is strictly prohibited to collect evidence by illegal means.
．．．．．． | | 8．侦查机关应当依照刑事诉讼法、司法解释及其他有关规定所规定的程序，全面、及时收集证明犯罪嫌疑人有罪或者无罪、罪重或者罪轻等涉及案件事实的各种证据，严禁违法收集证据。
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