CHAPTER IV PROCEDURE FOR REVIEW OF DEATH SENTENCES
Article 199 Death sentences shall be subject to approval by the Supreme
People's Court.
Article 200 A case of first instance where an Intermediate People's
Court has imposed a death sentence and the defendant does not appeal
shall be reviewed by a Higher People's Court and submitted to the
Supreme People's Court for approval. If the Higher People's Court does
not agree with the death sentence, it may bring the case up for trial or
remand the case for retrial.
Cases of first instance where a Higher People's Court has imposed a
death sentence and the defendant does not appeal, and cases of second
instance where a death sentence has been imposed shall all be submitted
to the Supreme People's Court for approval.
Article 201 A case where an Intermediate People's Court has imposed a
death sentence with a two-year suspension of execution, shall be subject
to approval by a Higher People's Court.
Article 202 Reviews by the Supreme People's Court of cases involving
death sentences and reviews by a Higher People's Court of cases
involving death sentences with a suspension of execution shall be
conducted by collegial panels each composed of three judges.
CHAPTER V PROCEDURE FOR TRIAL SUPERVISION
Article 203 A party or his legal representative or his near relative may
present a petition to a People's Court or a People's Procuratorate
regarding a legally effective judgment or order, however, execution of
the judgment or order shall not be suspended.
Article 204 If a petition presented by a party or his legal
representative or his near relative conforms to any of the following
conditions, the People's Court shall retry the case:
(1) There is new evidence to prove that the confirmation of the facts in
the original judgment or order is definitely wrong;
(2) The evidence upon which the condemnation was made and punishment
meted out is unreliable and insufficient, or the major pieces of
evidence for supporting the facts of the case contradict each other;
(3) The application of law in making the original judgment or order is
definitely incorrect; or
(4) The judges in trying the case committed acts of embezzlement,
bribery, or malpractices for personal gain, or bended the law in making
judgment.
Article 205 If the president of a People's Court at any level finds some
definite error in a legally effective judgment or order of his court as
to the determination of facts or application of law, he shall refer the
matter to the judicial committee for handling.
If the Supreme People's Court finds some definite error in a legally
effective judgment or order of a People's Court at any lower level, or
if a People's Court at a higher level finds some[1] [2] [3] [4] [5] [6] [7] 下一页
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