抢劫犯罪死刑适用实证研究

An Empirical Study on the Application of Capital Punishment of Robbery

在我国短时间内废除死刑并不现实,当务之急是规范死刑适用。抢劫犯罪的死刑主要适用于致人重伤、死亡的抢劫犯罪和其他情节极为恶劣的抢劫犯罪。在认定主要刑事责任人时应全面考察罪中、罪后、罪前等多方面情节。自首、立功等法定从宽处罚情节一般只及一罪;"先杀后抢"、"先抢后杀"的宣告刑应基本一致;在抢劫犯罪中一般不存在被害人有过错的情形;"赔偿免死"的前提是犯罪分子真诚悔罪。酌定从宽情节的适用亟待规范。

It is unrealistic to abolish the capital punishment within short time in our country. The urgent affair is to regulate the application of capital punishment. The capital punishment of robbery is mainly applicable to particularly wicked circumstances, such as causing serious injury, or even worse, causing death to a person. We must make a comprehensive inspection of all-sided circumstances including circumstance before a crime, circumstance in a crime, and circumstance after a crime when we determine the primary responsible people for a crime. The legal circumstances for liberal punishment such as surrendering and rendering meritorious service are generally applicable only to one crime. The declaring punishment of robbery after kill should be identical with that of robbery before kill. There are not circumstances of contributory negligence of victim in the crime of robbery. The precondition of compensation to offset the capital punishment is sincerely resipiscence of criminal. The discretionary circumstances are earnestly to regulate.