中华人民共和国刑事诉讼法（三）

ving 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 composed of three judges.

　　Chapter V Procedure for Trial Supervision

　　Article 148 A party or a victim and his family or other citiz

ens may present a petition to a people's court or people's procuratorate regarding a legally effective judgment or order， but the execution of the judgment or order cannot be suspended.

　　Article 149 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 definite error in a legally effective judgment or order of a people's court at a lower level， it shall have the power to bring the case up for trial itself or may direct a people's court at a lower level to conduct a retrial.

　　If the Supreme People's Procuratorate finds some definite error in a legally effective judgment or order of a people's court at any level， or if a people's procuratorate at a higher level finds some definite error in a legally effective judgment or order of a people's court at a lower level， it shall have the power to protest against the judgment or order in accordance with the procedure for trial supervision.

　　Article 150 A new collegial panel shall be formed for the retrial of a case by a people's court in accordance with the procedure for trial supervision. If the case was originally one of first instance， it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested. If the case was originally one of second instance or was brought up for trial by a people's court at a higher level， it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.

　　Part Four Execution

　　Article 151 Judgments and orders shall be executed after they become legally effective.

　　The following judgments and orders are legally effective：

　　（1） judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit；

　　（2） judgments and orders of final instance； and

　　（3） judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a higher people's court.

　　Article 152 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a people's court of first instance， he shall be released immediately after the judgment is pronounced.

　　Article 153 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court， the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.

　　If a criminal sentenced to death with a two-year suspension of execution shows true repentance or renders meritorious service during the period of suspension of the sentence， and his punishment should therefore be commuted according to law， the executing organ shall submit a written recommendation to the higher people's court in the locality for an order； if there is verified evidence that a criminal has resisted reform in a flagrant way and his death sentence should therefore be executed， the higher people's court must submit the matter to the Supreme People's Court for approval.

　　Article 154 After receiving an order from the Supreme People's Court to execute a death sentence， the people's court at a lower level shall cause the sentence to be executed within seven days. However， under either of the following conditions the people's court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order：

　　（1） if it is discovered before the execution of the sentence that

the judgment may contain an error； or

　　（2） if the criminal is pregnant.

　　If the first reason in the preceding paragraph which caused the suspension of a sentence， has disappeared， the sentence may be executed only after a report is submitted to the President of the Supreme People's Court for him to sign and issue another order to execute the death sentence. If execution is suspended for the second reason in the preceding paragraph， the matter shall be reported to the Supreme People's Court， requesting it to revise the sentence according to law.

　　Article 155 Before a people's court causes a death sentence to be executed， it shall notify the people's procuratorate at the same level to send an official to supervise the execution.

　　The judicial personnel directing the execution shall verify the identity of the criminal， ask him if he bas any last words or letters and then deliver him to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error， the execution shall be suspended and a report submitted to the Supreme People's Court for an order.

　　Executions of death sentences shall be announced but shall not be held in public.

　　After a death sentence is executed， the attending court clerk shall prepare a written record of it. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.

　　After a death sentence is executed， the people's court that caused the sentence to be executed shall notify the family of the criminal.

　　Article 156 If cases of criminals who are sentenced to death with a two-year suspension of execution， or to life imprisonment， fixed-term imprisonment or criminal detention， the people's court that caused the sentence to be executed shall deliver the notice of execution of the sentence and the written judgment to the prison or other place of reform through labour for the sentence to be executed； the executing organ shall notify the family of the criminal.

　　A criminal sentenced to fixed-term imprisonment or criminal detention， upon completion of the execution of his sentence， shall be issued a certificate of completion of sentence and release by the executing organ.

　　Article 157 A criminal sentenced to life imprisonment， fixed-term imprisonment or criminal detention may be permitted to temporarily serve his term outside prison under either of the following conditions：

　　（1） if the criminal is seriously ill and needs to be released on parole for medical treatment； or

　　（2） if the criminal is a pregnant woman or a woman breast-feeding her own baby.

　　In cases where a criminal serves his sentence outside prison， the public security organ may entrust the execution of his sentence to the public security station at the criminal's original place of residence， and the local grass-roots organization or the criminal's original unit shall assist in the supervision.

　　Article 158 A criminal who has been sentenced to imprisonment with a suspension of execution shall be delivered by the public security organ to his unit or a grass-roots organization for observation.

　　A criminal released on parole shall be supervised by a public security organ during the probation period for parole.

　　Article 159 Sentences of public surveillance or deprivation or political rights that have been imposed on criminals shall be executed by the public security organs. When such a sentence has been completed， the executing organ shall notify the criminal himself and publicly announce to the masses concerned the ending of public surveillance or there straiten of political rights.

　　Article 160 If a criminal sentenced to a fine fails to pay the fine within the time limit， the people's court shall compel him to pay. If he has true difficulties in paying because he bas suffered an

unavoidable disaster， an order may be made to reduce the fine or exempt him from payment.

　　Article 161 All sentences of confiscation of property， whether imposed as a supplementary punishment or independently， shall be executed by the people's courts； when necessary， the people's courts may execute such judgments jointly with the public security organs.

　　Article 162 If a criminal commits a new crime while serving his sentence， or if a criminal act is discovered that was not known at the time of judgment， the prison or the organ in charge of reform through labour shall transfer his case to the people's procuratorate for handling.

　　If a criminal sentenced to public surveillance， criminal detention， fixed-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his sentence and should be granted a commutation of sentence or be released on parole according to law， the executing organ shall submit a written recommendation to the people's court for examination and an order.

　　Article 163 If during the execution of a punishment， if the prison or the organ in charge of reform through labour believes that there is an error in the judgment， or the criminal makes a petition， it shall refer the matter to the people's procuratorate or people's court that pronounced the original judgment.

　　Article 164 The people's procuratorates shall supervise the execution of judgments and orders in criminal cases and the activit

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