摘要
被判处终身监禁的贪污受贿罪犯可否减刑,争议极大。在刑法教义学视域下,系统解释《刑法》第50条、第78条、第383条第4款,发现特定情形下终身监禁之减刑并未否定严惩腐败犯罪之立法目的。绝对的终身监禁仅应适用于如下情形:被判处终身监禁的罪犯,在死刑缓期执行期间,没有故意犯罪且无重大立功,在减为无期徒刑之后,一直无重大立功。
Whether a criminal convicted of embezzlement and bribery sentenced to lifelong imprisonment can be commuted is extremely controversial. In the perspective of criminal law dogmatics, through systematical interpretation of articles 50, 78 and paragraph 4 of article 383 of the Criminal Law, this study found that, under certain circumstances commutation of life imprisonment does not negate the policy of severely punishing corruption crimes. Absolute lifelong imprisonment only applies to the following circumstances: during the period of suspension of execution, a criminal sentenced to lifelong imprisonment has neither committed intentional crime which leads to either execute the death penalty or been re-counted the period of suspension of execution, nor performed major meritorious service;after his punishment is commuted to life imprisonment, he never performs major meritorious service.
作者
陆凌
Lu Ling(Law School of Guangxi University)
基金
supported by Foundation of Humanities and Social Science Research Projects of Ministry of Education of China,entitled Determinate Sentences Reform of US and Its Inspiration to China(No.16YJC820023)
