A criminal sentenced to a two-year suspension of execution of the death penalty, if he does not commit a crime intentionally during the suspension of execution of the death penalty, shall have his sentence reduced, and the executing organ shall submit a written opinion and submit it to the Higher People's Court for ruling; If the intentional crime is verified and the death penalty should be executed, the Higher People's Court shall report it to the Supreme People's Court for approval.
Article 251 stipulates that 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:
(a) before the execution, it is found that the judgment may be wrong;
(2) The criminal may have 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.
At the same time, according to Article 48 of the Criminal Law, the death penalty is only applicable to criminals with extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension.
The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court. Provided by China Criminal Defense Network
Article 49 stipulates that the death penalty is not applicable to persons who are under 18 years of age at the time of committing the crime and women who are pregnant at the time of trial.
The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.