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China proposes death penalty for organ traffickers

by Staff Writers
Shanghai (AFP) Feb 24, 2011
Organ traffickers in China could face the death penalty under a draft law being reviewed by the country's top legislature, state media reported Thursday.

Those convicted of "forced organ removal, forced organ donation or organ removal from juveniles" could face the same punishment as for homicide, which ranges from 10 years in prison to execution, Xinhua news agency said.

Previously those convicted of forced organ removal were charged with illegal business operation, since there is no specific offence covering the act in China's criminal law, the report said.

The amendment was submitted Wednesday to the National People's Congress Standing Committee for a third reading at its bimonthly meeting, which lasts until Friday. If passed, it would come into force on May 1, state media said.

Liu Renwen, a researcher at the Chinese Academy of Social Sciences' Institute of Law, told the China Daily newspaper the black market illegal organ trade was booming "both inside and outside the country".

China's criminal law has to be changed to fight the scourge of organ trafficking, he said.

Demand for organ transplants far exceeds supply in the country of 1.3 billion, opening the door to the illegal sale of organs.

About 10,000 transplants are carried out annually, but an estimated 1.3 million people are waiting for transplants, the China Daily reported.

In the past, the government has investigated hospitals that carry out illegal transplant operations for about 100,000 yuan ($15,200), according to previous state media reports.

earlier related report
China scraps death penalty for some crimes
Beijing (AFP) Feb 25, 2011 - China on Friday eliminated capital punishment for some economic crimes, as it moved to curb use of the death penalty in a country believed to execute more people than the rest of the world combined.

The standing committee of China's National People's Congress passed an amendment to the nation's criminal law that took 13 offences off the list of 68 crimes previously punishable by death, the legislature said on its website.

"The 13 crimes that have been exempted from the death penalty are mainly economic and non-violent crimes," Lang Sheng, a parliamentary member, told reporters.

"Of course we still have capital punishment and these crimes punishable by death are based on the needs of our economic and social development, the actual situation of social safety," Lang said, according to an online transcript.

China News Service said crimes that are now exempt from capital punishment included tax fraud and "fraudulent activities involving financial bills".

Other offences including smuggling of cultural relics, precious metals and rare animals were also wiped off the list.

According to Amnesty International, China executes more people each year than the rest of the world put together, but the exact number remains a closely guarded state secret.

China has taken measures in recent years to rein in the use of capital punishment, including requiring the country's supreme court to review all such sentences before they are carried out.

Most executions are imposed for violent crimes such as murder and robbery, state media has said, but drug trafficking and some corruption cases also are punishable by death.

Of the 68 crimes previously punishable by death in China, 44 did not involve violent acts.

The amendment also made drunken driving and "racing cars" on public roads criminal offences, Lang said -- upgrading them from simple traffic violations.

In a report issued last year, Amnesty said the number of people executed in China was "believed to be in the thousands", compared with second-ranked Iran, which the rights group said carried out at least 388 executions in 2009.

Firing squads have traditionally been used in Chinese executions, but in recent years the state has increasingly adopted lethal injections.



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