The new rules of criminal procedure refinement Death Penalty Cases Review

November 23 (Reporter Chen Fei), the Supreme People 's Procuratorate, People's Procuratorate announced the revised "Rules of Criminal Procedure (Trial)" exercise legal supervision over the death penalty review activities of the Supreme People's Court, Supreme People's Procuratorate in accordance with the law, be further refine and clearly defined. Required Zuigao Jian necessary, reviewed the case file, interrogating the defendant to review the main evidence.
Rules pointed out, the Supreme People's Procuratorate cases found during the review of death sentences has one of the following circumstances, review deems necessary advice to the Supreme People's Court should: (a) that the death penalty the second trial referee errors in accordance with the law should not be approved the death penalty; (b) the discovery of new situations, new evidence may affect the conviction and sentencing of the defendant; (c) a serious violation of the legal proceedings that may affect a fair trial; (d) judicial staff in dealing with the cases, corruption, practice favoritism, capricious and arbitrary behavior; (e) other comments.
The rules are clear, the Supreme People's Procuratorate, the Supreme People's Court review of death sentences reported cases, deems necessary advice shall be issued under the Supreme People's Court shall. The complainant refused to accept the death penalty the referee during the review of death sentences parties and their close relatives or by the appointed lawyer to the Supreme People's Procuratorate, the review of death sentences by the Supreme People's Procuratorate, the prosecution service review.
The rule states that the death penalty review of the Supreme People's Procuratorate Procurator department review of death penalty review supervision cases may take the following manner: written review of the Supreme People's Court transferred the material related to the case materials submitted by the provincial People's Procuratorate, the parties and their close relatives or by complaint submitted by the lawyer appointed by the material; listen to the views of the original caseload provincial People's Procuratorate, also can ask the Provincial People's Procuratorate to submit the relevant case materials; necessary, you can review the case file, interrogating the defendant to review the main evidence.
The rules also pointed out that for the opinion of the death penalty cases should be approved by the Supreme People's Procuratorate, the Supreme People's Court approved the death penalty, the review still intend not decided to bring the case before the trial committee meetings to discuss and inform the Supreme People's Procuratorate staff to attend, the Attorney General of the Supreme People's Procuratorate or commissioned by the Attorney General, Deputy Attorney General shall attend the meeting of the Judicial Committee.