Since the founding of the People's Republic of China, China has been a society of law and law, and with the continuous development of the society, the legal consciousness of the people has been constantly improved. Criminal law is the guarantee of our country a very important national security and people's legal rights, its content includes coverage, mainly against the criminal law, the maximum death penalty, that is widely to explain the provisions of the death penalty points? The following is detailed.

First, the death penalty review law supervision

Article 62the supreme people's procuratorate shall exercise legal supervision over the death penalty review activities of the supreme people's court according to law. The procuratorial departments of the supreme people's procuratorate shall be responsible for the supervision and supervision of the death penalty. Article 634 the supreme people's procuratorate has found that one of the following cases during the death penalty period shall be submitted to the supreme people's court for its opinion upon the fact that it is necessary to do so.

(1) it is believed that the judge of the second instance of the death penalty has made a mistake and shall not approve the death penalty in accordance with the law;

(2) discovering new circumstances and new evidence that may affect the conviction and sentencing of the defendant;

(3) a serious violation of the proceedings prescribed by law may affect a just trial;

(4) in handling cases, judicial personnel shall have embezzlement, bribery, malpractice for personal gain, and transact such ACTS as referees;

(5) other requirements.

Article 6105 the supreme people's procuratorate, in the case of the death penalty review case reported by the supreme people's court, believes that it is indeed necessary and shall submit its opinions before the supreme people's court of judgment.

Article six hundred and six the people's procuratorate at the provincial level for the death penalty review procedure into the supreme people's court of the following cases, requested when making supervision report and relevant materials submitted to the supreme people's procuratorate in time along with the case:

(1) if the facts of the case are not clear and the evidence is insufficient, the case shall be returned to trial in accordance with the law.

(2) the defendant shall have a light and mitigated punishment, and shall not be sentenced to death in accordance with the law.

(3) a serious violation of the proceedings prescribed by law may affect a just trial;

(4) failing to conclude the case within one year after the supreme people's court accepts the case;

(5) the supreme people's court shall not approve the death penalty for retrial;

(6) other situations that require supervision.

Article six hundred and seven the people's procuratorate at the provincial level surrendered found the defendant to review death penalty cases, merits, reached a compensation agreement Get killed the understanding new and relevant evidence materials, such as may influence the death penalty applicable, shall be timely reported to the supreme people's inspection was made in the courtyard.

Article six hundred and eight the parties and their close relatives during the death penalty review or the appointed lawyer refuses to accept the death penalty to the supreme people's procuratorate referee's appeal, the death penalty review by the supreme people's procuratorate of procuratorial department review.

Article 699 the review of the death penalty review by the procuratorial department of the supreme people's procuratorate may take the following ways:

(1) to review the materials submitted by the supreme people's court in writing, the relevant cases submitted by the people's procuratorates at the provincial level, and the complaint materials submitted by the people and their close relatives or the lawyers entrusted by them;

(2) to listen to the opinions of the people's procuratorates at the provincial level and to the people's procuratorates at the provincial level to submit relevant cases;

(3) if necessary, it may review the case, interrogate the accused, and review the main evidence.

Article 610 the supreme people's procuratorate shall make a decision within one month on the case for the review of the death penalty review. If the case is serious, difficult or complicated, and needs to be extended, the procurator-general shall report to the inspector general for approval, and the time limit shall be extended appropriately.

Article 611 the procuratorial organ of the supreme people's procuratorate shall apply to the procurator-general or the procuratorial committee for the purpose of making an opinion on the death penalty review case.

The procuratorial committee shall discuss the case of the death penalty review and may notify the people's procuratorates of the provincial people's procuratorates who have undertaken the case to attend the court.

Article six hundred and twelve the supreme people's procuratorate for death penalty review cases supervision, through examination to the high people's court deems it necessary to put forward opinions, shall be presented in the form of the death penalty review cases. The submission of the death sentence review should provide a clear opinion or suggestion and explain the reasons and the legal basis.

Article six hundred and thirteen the supreme people's procuratorate shall approve the opinions of the death penalty case, the supreme people's court upon examination is still not approved the death penalty, decided to submit the case to the judicial committee to attend the meeting to discuss and notify the supreme people's procuratorate, the procurator-general of the supreme people's procuratorate or the entrusted by the attorney general of deputy chief procurators shall attend the trial committee meeting. ...

(2) criminal judgment and adjudication of enforcement supervision

Article 635 if a criminal sentenced to death is executed for execution, the people's procuratorate shall send a person to supervise the execution.

The execution of capital punishment shall be supervised by the procuratorial departments of the people's procuratorates; When necessary, the procuratorial department of the supervision shall be informed of the relevant situation of the case before its execution, and the public prosecution department shall provide relevant information.

The execution of the death penalty shall be supervised by the procurators, and shall be equipped with the records of the clerks.

Article six hundred and thirty-six a people's procuratorate receives the people's court for execution at the same level after on-the-spot supervision notice, try to find out if the people's court at the same level shall be the supreme people's court approved the death penalty ruling or a judgment of death sentences, and execution of command.

Article 637 the procuratorial personnel who are subject to the supervision and execution of the death penalty shall, in accordance with the law, supervise the execution of the place, method and the execution of the death penalty. Before the execution of the death penalty, one of the following circumstances shall be found, and the people's court shall be advised to cease its execution:

(1) if the person subjected to execution is not a criminal who should execute the death penalty;

(2) if a criminal is not under the age of 18 when he commits a crime, or has reached the age of 75 when he is tried, the death penalty shall not be applied in accordance with the law; 

(3) the judgment may be wrong;

(4) the criminal may need to be resentenced after the execution of such major meritorious deeds, such as the disclosure of other people's major crimes, etc.;

(5) the criminal is pregnant.

Article 638 in the process of execution of the death penalty, the people's procuratorate shall, in the light of the need, take photos and videos; After the execution of the death penalty, the people's procuratorate shall check whether the criminal is indeed dead and fill in the execution of the execution of the death sentence.

The people's procuratorate found violations in the execution of the people's court was executed criminals personal right, property right or his near relatives, heir to the legal rights of the illegal situation, shall correct opinions to the people's court in accordance with the law.

What is the rule for the death penalty in the interpretation of criminal complaint? The death penalty is a maximum penalty of existing laws in our country, also won't easily the death penalty, the death penalty is not common law at the same time have a special people should not be the death penalty, such as eighteen years of age or has reached the seventy-five years of age, pregnant women, etc., in criminal sanctions also embodies humanitarianism.