死缓变更为死刑立即执行核准程序探讨

On the Review Procedure of Alteration of Execution of Death Sentence with a Reprieve into Immediate Execution

死缓变更为死刑立即执行的核准程序与死缓犯的生命权息息相关,该程序与死刑复核程序在内容上有所交叉,但在提起目的、审理对象、启动事由等诸多方面存在差异。认定构成故意犯罪的裁判生效之后,应由对新罪提出指控的检察机关逐级提请最高人民检察院向最高人民法院启动死缓变更为立即执行核准程序。为了保障核准前申诉权的落实,新罪判决生效后应为死缓犯提供15天的申诉期,申诉应有阻止核准程序的效力。死缓变更为死刑立即执行核准程序应采取公开开庭审理方式,对案件进行全面审查并遵循一致裁决原则。

The review procedure of alteration of execution of death sentence with a reprieve into immediate execution has the vital link with the life right of the offender.There are some overlapping parts between the review procedure of execution alteration and procedure for judicial review of death sentence,and meanwhile much difference exists between these two procedures such as the purpose of trial,object of trial,reason of trial and so on.The procuratorial agency accusing intentional crime in the probationary period can make a written report on submission of review procedure of execution alteration to the Supreme People＇s Procuratotate by degrees according the effective judgment about newly committed crime.After the judgment about intentional crime in the probationary period becomes effective,a fifteen-day term should be stipulated in order to safeguard the right to appeal which should stop the review proceeding of execution alteration of death sentence with a reprieve into immediate execution,which shoule be conducted in a way of open court hearing and overall reviewing,in accordance with the principle of unanimous verdict.