判决执行之日的界定和把握

Definition and Grasp of the Date of Execution

正确界定判决执行之日不仅涉及刑法的统一、正确适用,更涉及犯罪嫌疑人、被告人的合法权益。判决执行之日必须以人民法院生效的判决和裁定为依据,将一审判决作出之日作为前罪尚未执行的刑期的时间点,是务实而合理的选择。

To define the date of execution correctly is involved not only in the uniform and correct application of the criminal law but also in the legitimate rights and interests of criminal suspects and defendants.The date of execution must be based on the judgment and order in force from the people＇s court.It is a pragmatic and reasonable choice that the date of the first-instance judgment is thken as a time point of prison term for the non-implementation of the former crime.