The provisions of the preceding paragraph shall apply to the time limit for the trial of a protested case that is accepted by a People s Court and is to be tried by it in accordance with the procedure for trial supervision. Where it is necessary to direct a People s Court at a lower level to try a protested case again, a decision to such an effect shall be made within one month from the day on which the protested case is accepted; the provisions of the preceding paragraph shall apply to the time limit for the trial of the case by the People s Court at the lower level.
Article 208 Judgments and orders shall be executed after they become legally effective.
The following judgments and orders are legally effective:
(1) judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;
(2) judgments and orders of final instance; and
(3) judgments of the death penalty approved by the Supreme People s Court and judgments of the death penalty with a two-year suspension of execution approved by a Higher People s Court.
Article 209 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a People s Court of first instance, he shall be released immediately after the judgment is pronounced.
Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People s Court, the President of the Supreme People s Court shall sign and issue an order to execute the death sentence.
If a criminal sentenced to death with a two-year suspension of execution commits no intentional offense during the period of suspension of the sentence and his punishment should therefore be commuted according to law on expiration of such period, the executing organ shall submit a written recommendation to a Higher People s Court for an order; if there is verified evidence that the criminal has committed intentional offense and his death sentence should therefore be executed, the Higher People s Court shall submit the matter to the Supreme People s Court for examination and approval.
Article 211 After receiving an order from the Supreme People s Court to execute a death sentence, the People s Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the People s Court at a lower level shall suspend execution and immediately submit a report to the Supreme People s Court for an order:
(1) If it is discovered before the execution of the sentence that the judgment may contain an error;
(2) If, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or
(3) If the criminal is pregnant.
If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People s Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People s Court for it to alter the sentence according to law.
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