缓刑罪犯收监的法律适用问题

Legal Problems on the Execution of Suspended Sentence

司法实践中,各地对缓刑罪犯涉嫌新罪、漏罪收监的诉讼程序不统一,对缓刑犯违法违规收监执行标准不一致,为减少执法中的混乱,发挥缓刑制度惩治犯罪的应有功能,实现其价值,文章作者结合工作实践,提出缓刑罪犯收监的程序设计与实体标准。对缓刑罪犯又涉嫌新罪、漏罪的,诉讼程序应采取直接刑事拘留、逮捕。准确把握缓刑罪犯违法违规收监执行标准,关键在于界定缓刑罪犯行为的社会危害性,而重点在于考察其行为的主观恶性程度,并提出“一次劳动教养、二次治安拘留、三次违反监管规定”的收监标准。缓刑罪犯违法违规被羁押的,收监裁定的刑期不应对此期限予以折抵。

There has no uniform standard and procedure when a criminal whose sentence is suspended commits a new crime or it is discovered that before the judgment is pronounced,he has committed another crime for which he is not sentenced,or a criminal violates laws,administrative rules and regulations.In order to reduce the disputes on the execution,on the basis of experiences,the author proposes the procedure and standard when a criminal whose sentence is suspended is put in prison.A criminal whose sentence is suspended should be directly detained and arrested on the occasion he commits a new crime or it is discovered another crime for which he is not sentenced.The key points of holding its executory standard lie in criminals' social harmfulness and their subjective viciousness.A criminal whose sentence is suspended should be put in prison when he is punished by labor education first,administrative detain second and violates the prison rules for the third.The period for a criminal who is held in custody for violating laws,administrative rules and regulations should not be reduced when the judgment is to be executed.