与缓刑有关的数罪并罚若干问题探讨

A Probe into Issues on Combined Punishment for Several Offenses Concerned Probation

只要犯罪人被数罪并罚后决定执行的刑罚符合适用缓刑的条件,且同时符合其他适用缓刑的条件,就可以对犯罪人宣告缓刑。数罪并罚条件下适用缓刑的程序应当是先对数罪分别定罪量刑,在此基础上,再依据数罪并罚的原则决定执行的刑罚,而后针对执行刑宣告缓刑,并确定缓刑考验期。在数罪并罚的情况下,适用缓刑应以决定执行的刑期为准。

Only the criminals who has being executed combined punishment for several crimes can conform to the applicable conditions of probation, and at the same time, in accordance with other applicable conditions of probation, probation can be applied to the criminals. Under the combined punishment for several crimes conditions, the application procedure of probation should first convict and punish respectively, on which the probation can be announced. In addition, it should have a probation period. In this case, the probation should be subject to the term of punishment decision.