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10.25.2010

article 50 - draft amendment

Article 50. (Commutation of the death penalty with a suspension of execution) If a person sentenced to death with a suspension of execution dose not intentionally commit a crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two-year period; if he demonstrates meritorious service, he is to be given a reduction of sentence to not less than fifteen years and not more than twenty years of fixed-term imprisonment upon the expiration of the two-year period; if there is verified evidence that he has intentionally committed a crime, the death penalty is be executed upon the approval of the Supreme People’s Court.

Regarding recidivists sentenced to death with a suspension of execution, and offenders sentenced to death with a suspension of execution for intentional murder, rape, robbery, kidnapping, arson, explosions, spreading dangerous substances or organized violent crimes, people’s courts can decide to reduce the sentence to life imprisonment or to twenty years of fixed-term imprisonment according to provisions in the preceding paragraph, in light of the circumstances of their offence and other circumstances. But further reductions of sentence are not permitted.

Article 50. If a person sentenced to death with a suspension of execution dose not intentionally commit a crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two-year period; if he demonstrates meritorious service,he is to be given a reduction of sentence to not less than fifteen years and not more than twenty years of fixed-term imprisonment upon the expiration of the two-year period; if there is verified evidence that he has intentionally committed a crime, the death penalty is be executed upon the approval of the Supreme People’s Court.

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