Death Sentence With Reprieve
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Death Sentence With Reprieve
Death with reprieve (, abbr.: ) is a criminal punishment found in the law of the People's Republic of China. According to the criminal law chapter 5 (death penalty), sections 48, 50 and 51, it gives the death row inmate a two-year suspended sentence of the execution. The convicted person will be executed if found to have committed further crimes during the two years following the sentence; otherwise, the sentence is automatically reduced to life imprisonment or a fixed-term imprisonment if the person is found to have performed deeds of merit during the two years. Unlike pardon (clemency), in which the relief of the penalty is decided after the death penalty has been pronounced, reprieve is pronounced directly in place of the death sentence to the prisoner who has committed the potentially capital crime. Chinese courts hand down this form of sentencing as frequently as, or more often than, actual death sentences. This unique sentence is used to emphasize the seriousness of the cri ...
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Criminal Punishment
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system. Criminal justice system Definition The criminal justice system consists of three main parts: #Law enforcement agencies, usually the police #Courts and accompanying prosecution and defence lawyers #Agencies for detaining and supervising offenders, such as prisons and probation agencies. In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a defendant has with the criminal justice system is usually with the police (or ''law enforcement'') w ...
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Law Of The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two Special Administrative Regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. During the Maoist period (1949–1978), the government had a hostile attitude towards a formalized legal system, because Mao and the Chinese Communist Party (CCP) "saw the law as creating constraints upon their power." The ...
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Death Row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a Capital punishment in the United States#Capital crimes, capital offense in U.S. state, states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and ''habeas corpus'' procedures, which may continue for several decades. Opponents of capital punis ...
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Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ...
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Asian Survey
''Asian Survey: A Bimonthly Review of Contemporary Asian Affairs'' is a bimonthly academic journal of Asian studies published by the University of California Press on behalf of the Institute of East Asian Studies at the University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u .... The journal was established in 1932 as ''Memorandum (Institute of Pacific Relations, American Council)'', but was renamed ''Far Eastern Survey'' in 1935. The journal acquired its current name in 1961. The journal uses double-blind peer review. References External links * Homepage for the Institute of East Asian Studies at the University of California, Berkeley {{University of California, Berkeley Asian studies journals University of California Press academic journals Pub ...
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China Quarterly
''The China Quarterly'' (CQ) is a British double-blind peer-reviewed academic journal established in 1960 on contemporary China and Taiwan. It is considered the most important research journal about China in the world and is published by the Cambridge University Press. It covers anthropology, business, literature, the arts, economics, geography, history, international affairs, law, politics, and sociology. Each issue contains articles and research reports, and a book review section. ''The China Quarterly'' is owned by the School of Oriental and African Studies, University of London. Its editor-in-chief is Tim Pringle. History ''The China Quarterly'' began as an offshoot of '' Soviet Survey'', a journal published by the Congress for Cultural Freedom (CCF). In 1959, Walter Laqueur, the editor of ''Soviet Survey'', asked sinologist Roderick MacFarquhar to edit the new journal, the first issue of which was released in 1960. The publisher was transferred in 1968 from the CCF to the C ...
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International Journal Of Law, Crime And Justice
The ''International Journal of Law, Crime and Justice'' is a quarterly peer-reviewed academic journal covering criminology and various legal disciplines, including criminal law and the sociology of law. It was established in 1973 as the ''International Journal of Criminology and Penology'', and in 1979, it was renamed the ''International Journal of the Sociology of Law''. It obtained its current name in 2008. It is published by Elsevier and the editors-in-chief are John Carrier (London School of Economics), Sarah Charman, and Stephen P. Savage (University of Portsmouth). According to the ''Journal Citation Reports'', the journal has a 2016 impact factor The impact factor (IF) or journal impact factor (JIF) of an academic journal is a scientometric index calculated by Clarivate that reflects the yearly mean number of citations of articles published in the last two years in a given journal, as i ... of 0.407. References External links * Publications established in 1973 Crimino ...
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Bai Enpei
Bai Enpei (; born 8 September 1946) is a former Chinese politician convicted of corruption. Bai served as the Chinese Communist Party Deputy Committee Secretary of Inner Mongolia between 1993 and 1997, Governor and later Party Secretary of Qinghai between 1997 and 2001, was the Party Secretary of Yunnan, the highest political position in the province, between 2001 and 2011. Bai was investigated by the party's anti-corruption watchdog in 2014, and eventually convicted on charges of bribery and amassing wealth of unclear origin, and sentenced to death with reprieve in 2016. Bai held the record for the highest recorded sum of corrupt earnings, and the most severe sentence in all officials charged with corruption during the anti-corruption campaign under Xi Jinping. Biography Bai was born in 1946 in Yuanjiagou village, Qingjian County, Shaanxi Province. After completing elementary school, he left his hometown as a teenager. In 1965, Bai was admitted into the Northwestern Polytechni ...
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Capital Offences In China
In Mainland China, there are 46 crimes punishable by death. These are defined in the criminal law of China, which comprehensively identifies criminal acts and their corresponding liabilities. A 2011 amendment to this law for the purpose of legal provisions improvement reduced the number of capital crimes by 19.1% and gave more lenient punishments to minors and the elderly (75 years old and above). In 2015, the criminal code was amended to remove nine capital offenses: * Smuggling weapons or ammunition * Smuggling nuclear materials * Smuggling counterfeit money * Counterfeiting * Investment fraud/fraudulent fundraising. * Organizing prostitution * Forcing prostitution * Obstructing military affairs * Spreading rumors and undermining morale during wartime. List of capital offenses Crimes Endangering National Security Endangering national security is among the crime categories included in the 1997 revision of China's criminal code. It comprises Articles 102 to 113 of t ...
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Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ...
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