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Anonymous users2024-02-13In accordance with article 51 of the Criminal Code.
The period for which the death penalty is suspended is calculated from the date on which the judgment is determined.
Where a suspended death sentence is commuted to fixed-term imprisonment, it is calculated from the date on which the suspended death sentence is completed.
During the two-year period of probation of the death penalty, if the convict has a deep understanding of his criminal conduct, has taken practical action, and actively reformed himself, he may be commuted to fixed-term imprisonment at the end of his sentence of two years.
In accordance with article 50 of the Criminal Code.
A suspended death sentence is given
During the period of suspension of the death penalty, if there is no intentional crime, the sentence shall be commuted to life imprisonment after the expiration of the two-year period;
If there is truly a major meritorious service, after the completion of the two-year period, the sentence is commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years;
If the crime is intentional, and it is verified to be true, the Supreme People's Court shall approve and carry out the death penalty
The questioner's quote of Zhang Mingkai was incorrect and did not comply with article 50 of the Criminal Law.
The questioner added: Quoting what Zhang Mingkai said
I said that no matter who I quote, it must comply with the provisions of the law
If the suspended death sentence has been changed to life imprisonment or fixed-term imprisonment, and the offender commits another crime, the sentence shall be counted from life imprisonment or fixed-term imprisonment, and the sentence shall be several years.
If a person is sentenced to 5 years' imprisonment for committing another offense, and the sentence is several years' imprisonment beforehand, it may be served concurrently.
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Anonymous users2024-02-12The probationary period of a suspended death sentence is two years, and the death penalty is carried out only after the intentional crime is committed within two years. Otherwise, the death penalty should not be carried out and should only be punished in accordance with the relevant laws.
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Anonymous users2024-02-11Everything that is linked to a suspended sentence can be punished lightly, such as the death penalty, with a two-year reprieve, then as long as he does not continue to commit mistakes in two years, it can be changed to life imprisonment. Then the life sentence can be commuted if you behave well.
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Anonymous users2024-02-10First of all, a reprieve, is a type of death penalty. A reprieve, not an independent punishment, but a system of execution. The death penalty reprievement system is the originality of China's criminal law.
The second half of paragraph 1 of article 48 of the Criminal Code stipulates: "A criminal who shall be sentenced to death may be sentenced to death with a two-year reprieve, if it is not necessary to carry out the sentence immediately." That is, criminals who should be sentenced to death rather than must be executed immediately can be given a buffer.
If there is no intentional offense committed within two years, the sentence shall be reduced to life imprisonment after the expiration of two years; If there is truly a major meritorious service, after the completion of the two-year period, the sentence is commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years; If the crime is intentional, and it is verified to be true, the Supreme People's Court shall approve and carry out the death penaltyThe system of reprieves has greatly narrowed the scope of application of the death penalty for immediate execution.
Legal basis: Criminal Law of the People's Republic of China Article 48 The death penalty is only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to immediately carry out the reform, the death penalty may be imposed with a two-year reprieve.
Except where the death penalty is adjudicated by the Supreme People's Court in accordance with law, it shall be reported to the Supreme People's Court for examination and approval. Where the death penalty is suspended, the High People's Court may make a judgment or approve it.
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