EXECUTION by Lethal Injection: New Regulations to Know

This Decree provides instructions on the entire procedure for carrying out the death penalty by lethal injection as follows:

Phase 1: Preparation

During this phase, the execution agency and the execution council undertake the tasks related to the check-up, preparation of the drugs, and perform the policies with the convict as follows:

- Prior to the execution, the Execution Council must check the identity documents, profiles, and records of the death row convict; in cases where the convict is a female, the Council must check the documents related to conditions such as exemptions from the death penalty as stipulated by the Criminal Code.

- Allow the convict to eat, drink, write letters, and record messages to send to family members.

Phase 2: Execution of the Death Penalty

Currently, the execution of the death penalty must be carried out in strict accordance with Clauses 2, 3, 4 Article 82 of the Law on Execution of Criminal Judgments 2019 in the following sequence:

In this, the procedure for administering the injection must comply with the provisions of Article 6 of Decree 43/2020/ND-CP, including the following steps:

- Prepare 03 doses of drugs (including 02 backup doses)

- Identify the vein for the injection; in case the vein cannot be identified, report to the Chairman of the Execution Council to request a doctor’s assistance in identifying the vein;

- Insert the needle that is already connected to the drug infusion tube into the identified vein according to the process:

Step 1: Administer the drug to induce unconsciousness.

Once the drug has been administered, the specialist carrying out the execution must check, if the convict is not yet unconscious, continue administering the drug until they become unconscious.

Step 2: Administer the drug to paralyze the motor system.

Step 3: Administer the drug to stop heart activity.

Check the convict's heart activity using an electrocardiogram machine. If after ten minutes the convict is not yet deceased, the specialist must report to the Chairman of the Execution Council to issue an order to use the backup drugs;

Each time after ten minutes that the convict is not deceased, the specialist must report to the Chairman of the Execution Council to issue an order for the continued use of the second and third backup doses;

In case all three doses are used, and after ten minutes the convict is still not deceased, the Execution Team Leader must report to the Chairman of the Execution Council to issue a decision to temporarily halt the execution.

For detailed procedures, refer to Decree 43/2020/ND-CP effective from April 15, 2020.

Lan Anh

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