Death Penalty Suspension Approach in Pakistan with Chinese Characteristics

Abstract

Since the death penalty abolition campaign started, Pakistan is lagging behind to do any substantive reforms in the penal system. The reason for retention of death penalty is rooted in the Islamic injunctions which Pakistan being Islamic Republic cannot ignore. Any contradictory provision will be declared null and void and unconstitutional as the preamble of Constitution of Pakistan 1973 expressly mention it. Keeping in mind the case of Pakistan where complete abolition seems difficult but is willing to reduce it to maximum extent. The article doing a comparative analysis of penal system of Pakistan and China, bring a suitable model that can help reduce the death penalty. Pertaining to the situation of China which is also ambitious to reduce the execution but not convinced yet to complete abolition, the Chinese model of “suspended death penalty” which is well recognized and practical to reduce the executions can serve as a good model for Pakistan to follow. The article will provide the analysis of situation of Pakistan penal system and the compatibility of Chinese model as a perfect extension for reducing the number of executions though not complete abolition. It also narrates the working mechanism of suspended death penalty of China and its effectivity regarding civilizing death penalty regime.

Keywords: Death penalty, suspended death penalty, abolition, China, Pakistan penal code