Improving The Actual Execution Term Of Death Sentence With Reprieve
Improving the actual execution term of death sentence with reprieve
The draft amendment to the criminal law (eight), which is under consideration by the Standing Committee of the National People's Congress on the 20 th (hereinafter referred to as "draft two review"), makes it clear that criminals with reprieve can "reduce sentence" and improve the actual execution period after commutation.
The previous draft stipulates that the people's court may decide not to reduce the sentence on the basis of the circumstances, but can be released on parole for 18 to 20 years after being sentenced to death sentence for a recidivist who has been sentenced to death sentence and sentenced to death sentence for eight kinds of crimes such as intentional homicide.
Some members of the Standing Committee, departments and local authorities put forward that in accordance with this regulation, the actual execution term of the death sentence is still too short after the commutation of the sentence. It is recommended that the sentence should be appropriately extended so as to better reflect the principle of the adaptation of crime and punishment.
Other departments have suggested that the provisions of no longer commutation are not conducive to the pformation and management of criminals. It is suggested that the provisions of the criminal law for those who can reduce sentences or parole should be preserved.
After studying, the two draft of the draft submitted to the Standing Committee meeting amended the original "no longer commuted sentence" to the sentence of "no longer commutation" for some serious criminals. It also stipulates that the sentence of this part of the offender will be reduced to life imprisonment after the death penalty has been suspended for a period of time. The actual execution of the sentence shall be no less than 25 years. If the sentence is reduced to 25 years' fixed-term imprisonment, the actual execution of the sentence shall not be less than 20 years.
At the same time, the provisions of the original criminal law against parole should not be released.
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