To Whom It Will Apply
The death penalty shall only be applied to criminals who have committed extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence.
The following shall not be eligible to receive the death penalty:
- Those who had not reached the age of 18 when the crimes were committed;
- Those who are pregnant at the time of trial;
- Those who had reached the age of 75 at the time of trial, except where the defendant is found to have committed murder by extremely cruel means.
The age shall be calculated according to the Gregorian calendar.
A female defendant is considered “Pregnant at the time of trial” if she is pregnant at the time she is tired by the court, or when she was detained pretrial. If a defendant is found to be pregnant during these times, she will be ineligible to receive the death penalty. A pregnancy in violation of the “One Child Policy” will still trigger this protection.
A defendant which has reached the age of 75 before sentencing will be ineligible to receive the death penalty.
“Extremely cruel means” refers to a crime committed in an extremely inhumane way, such as dismemberment, cruel torture, or disfiguration of victims.