hs.
Article 38. Where a criminal is sentenced to criminal
detention, his sentence shall be executed by the public security organ
in the vicinity.
During the period of execution, a criminal sentenced to criminal
detention may go home for one to two days each month; an appropriate
remuneration may be given to those who participate in labour.
Article 39. A term of criminal detention shall be counted from
the date the judgment begins to be executed; if the criminal is
held in custody before the execution of the judgment, each day
in custody shall be considered as one day of the term sentenced.
SECTION 4 FIXED-TERM IMPRISONMENT AND LIFE IMPRISONMENT
Article 40. A term of fixed-term imprisonment shall not be less
than 6 months and not more than 15 years.
Article 41. A criminal sentenced to fixed-term imprisonment
or life imprisonment shall serve his sentence in prison or another
place for reform through labour. Anyone who is able to work shall
undergo reform through
labour.
Article 42. A term of fixed-term imprisonment shall be counted
from the date the judgment begins to be executed; if the criminal is
held in custody before the execution of the judgment, each day
in custody shall be considered as one day of the term sentenced.
SECTION 5 THE DEATH PENALTY
Article 43. The death penalty shall only be applied to
criminals who have committed the most heinous crimes. If the
immediate execution of a criminal punishable be death is not deemed
necessary, a two-year suspension of execution may be pronounced
simultaneously with the imposition of the death sentence; the
criminal shall undergo reform through labour and the results shall be
observed.
All death sentences except for those that according to law
should be decided by the Supreme People's Court, shall be submitted
to the Supreme People's Court for approval. Death sentences with a
suspension of execution may be decided or approved by a higher people's
court.
Article 44. The death penalty shall not be imposed on persons
who had not reached the age of 18 at the time the crime was
committed or to women who are pregnant at the time of trial. Persons
who had reached the age of 16 but not the age of 18 may be
sentenced to death with a two-year suspension of execution if the
crime committed was particularly serious.
Article 45. The death penalty shall be executed by means of
shooting.
Article 46. If a person sentenced to death with a
suspension of execution shows true repentence during the period
of suspension, his punishment shall be commuted to life
imprisonment upon the expiration of that two-year period; if he shows
true repentence and performs meritorious service, his punishment sha上一页 [1] [2] [3] [4] 下一页
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