摘要
2015年8月通过的《刑法修正案(九)》有一个引人注目的新规,即对严重腐败犯罪终身监禁的规定。法条载明,因严重贪污、受贿犯罪被判处死缓的,法院根据犯罪情节等情况,可以同时决定在其死缓二年期满减为无期徒刑后,予以终身监禁,不得减刑、假释。该规定实际上是对特重大贪污受贿犯罪确立了死缓犯终身监禁的制度。
Criminal Law Amendment (9) of People's Republic of China adopted in August 2015, has a striking new rule, namely, the provision of life without parole for serious corruption offenses. Pursuant to the law, for people who is sentenced to suspended death sentence because of serious embezzlement and bribery, the court may, in accordance with the circumstances of the crime, etc. decide to grant life imprisonment without commutation or parole after the expiration of his two-year period suspension. This provision actually sets up the life without parole system for especially serious crimes of embezzlement and bribery.
作者
赵秉志
By Zhao Bingzhi(Professor of Law, Doctoral Supervisor of Beijing Normal University of Law Schoo)