对缓刑犯适用剥夺政治权利问题探讨

On the Deprivation of Political Righ ts Imposed on a Criminal Whose Sentence is Suspended

对犯罪人适用缓刑不应把没有附加剥夺政治权利作为条件,是否对犯罪人附加剥夺政治权利也不应以主刑是否缓刑作为条件。对缓刑犯适用的剥夺政治权利宜从判决确定之日起执行,并从执行之日起计算刑期。在出现刑法第77条规定的情形时,主刑执行期间仍应剥夺政治权利,主刑执行期满之后是否剥夺政治权利则视主刑执行之前剥夺政治权利的期限是否届满而定。

The auther doesn' t agree to the idea that only the crimi nal who isn' t sentenced to deprivation of political rights as a supp lementary punishment should be granted a suspenion of sentence,and the depri-v ation of political rights should be imposed on the criminal whose principal puni shment is suspended as a supplementary punishment.In the au thor' s opinions, the deprivation of political rights which is imposed on the suspended criminal s hould be exe cuted from the date that the judgment is made finally,and the ter m of imprisonment should be counted from the same day.Under the circumstances d escribed in Article 77of the criminal law,the principal punishm ent should be executed with the deprivation of political rights.After th e term of imprisonm ent is due,whether the deprivation of political rights is executed or not it de pends on whether the term of deprivation of political rights hus been expired.