Precedent of two years “suspended” death penalty in Chinese criminal law and recommendations to Vietnam

Abstract

China is one of the countries that death penalty has been most widely used. However, death penalty in China goes along with “two-year amnesty” (also known as “suspended” death penalty), which is mainly applied to corruption crimes and considered as a unique precedent in this country’s penal policy. At the end of the amnesty period, the death penalty can be reduced to life imprisonment, determinate imprisonment of 25 years if the convict overcomes most of the consequences and makes great achievements during this time. The article studies the two-year amnesty policy and death penalty in Chinese legal policy, thereby assesses its significance and proposes recommendations for Vietnam as well.