死缓变更为死刑立即执行的适用条件新探

A New Probe into the Condition of Changing Death Penalty with Suspension to Death Penalty

《刑法修正案(九)》对死缓变更为死刑立即执行的条件的改造,并未改变原立法用语过于抽象的问题。该修改仍难以为司法实践提供明确的适用标准,实践中同案不同判的现象可能再次发生。为保护死缓犯的权益,应当贯彻不变更死刑立即执行为原则、变更为例外的精神。从被害人宽恕这一死缓适用之实质标准出发,限制死缓变更为死刑立即执行有径可循,即只有所犯新罪"罪行极其严重"时,才可以对死缓犯适用死刑立即执行。

The 9th amendment to criminal law has changed the condition of death penalty with suspension changed to death penalty. However, In view of its vagueness, it dosen＇t provide an appli- cable standard for judicial practice and may give rise to many different judgments about some analo- gous cases again. So the death penalty with suspension should not be changed some special cases. The victim＇s forgiveness is a good way to limit the amount penalty with suspension changed to death penalty. tremely serious new crime, death penalty can his original death frequently except for of cases from death That means, only if the accused commits an ex- penalty with suspension judgment be changed to