死缓变更为死刑立即执行核准程序之构建

On the Establishment of 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权益息息相关,但现有立法和司法解释对该程序却鲜有涉及。该核准程序之构建应当以对新罪提出指控的检察机关为适格主体。程序启动时间以新罪判决生效后15日申诉期届满为宜。为了便于核准程序操作,我国刑事诉讼法中宜增加定罪不量刑的判决形式。核准程序应采取公开审理、全面审查和一致裁决方式。

The review procedure of alteration of execution of death sentence with a reprieve into immediate execution has a close relationship with rights of the offender,but obviously it is not regulated in the criminal procedural law and judicial interpretation in an all-round way.The procuratorial agency should be the proper starting subject of the reviewing procedure.The earliest starting time of the procedure should be the date of expiration of a fifteen-day term of appeal.Sentence of conviction and no criminal punishment is a new form of verdict which should be added in criminal procedural law.The procedure should be conducted in a way of open court hearing and overall reviewing,in accordance with the principle of unanimous verdict.