The Archive · 1923

The Death Penalty

"It is to be noted, however, that in some countries the death penalty has already been done away with, and at the present time, when measures are in order to prepare for the withdrawal of extraterritoriality, Chinese and foreign criminal procedures should simultaneously be brought to a state of similarity in order to evidence the uniformity existing between them. If, therefore, a citizen of a non-extraterritorial nation that has abolished the death penalty is convicted of crime and is unexpectedly visited with the death penalty in conformity with Chinese law, an um-partial weighing of the circum-Stances cannot evade the con—clusion that an injustice has been committed, "Tt is, therefore, recommended that hereafter if a citizen Of a non-extraterritorial nation is con-viered of a crime that carries with it the death penalty according to Chinese law, the death penalty shall be imposed upon the offender if the laws of his own country provide for the death penalty, and if they do not, that a sentence of life imprisonment be imposed in. lieu thereof. In the latter event the verdict of the Court in its statement of particulars should contain a clear announcement that this is a concession to -circumstances, so that no subsequent difficulties may arise therefrom, "This proposal has already been discussed by the Cabinet and the opinion in support of it was unanimous. If the President sanctions the proposal it is requested that as a temporary measure a mandate be promulgated carrying it into effect, and the Ministry of Justice wil} simultaneously issue instructions to the Courts directing them to instruct their subsidiary courts and officials to conform to the regulations in question.

"Té is respectfully requested that the President take the matter into consideration, with a view to determining whether the proposal herein is a proper one and one that should be carried into effect.

Text read from the printed page and cleaned; old type leaves the occasional error.

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