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The Death Penalty Restrictions For Elderly People Who Have Reached The Age Of 75 Are Not Applicable.

2010/12/21 16:53:00 66

Restrictions On The Death Penalty For The Elderly

The death penalty restrictions for elderly people who have reached the age of 75 are not applicable.


The draft two manuscript has increased the restrictions on the death penalty for the aged 75 years old, so as to adapt to various complicated situations in practice.


The previous draft stipulates that the death penalty is not applicable to persons who have reached the age of 75 at the time of trial.

During the initial deliberations of the NPC Standing Committee in August this year, some members of the Standing Committee put forward that the clause "75 years old from death" may have a negative guiding effect on people and leave behind trouble for future judicial practice. Therefore, it is suggested that legislation must take into consideration the actual situation.

After the initial deliberation, the draft was released to the public for advice. In some places and units, it was suggested to change the "75 year old" to "70 years of age". This would better reflect the tradition of caring for the elderly and protecting the human rights.


Some netizens have suggested that China has entered an aging society, and people's life expectancy has gradually increased. People over the age of 75 are fully capable of committing particularly bad crimes. If all regulations are made lighter, it may lead to more intentional crimes committed by this group of people.


After the study, the draft two reviewer amended the relevant provisions as follows: people who have reached the age of 75 when they are sentenced to trial do not apply to death penalty.

Experts believe that this embodies the humanitarian spirit of the elderly, while also taking care of the complex social reality.

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