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Standard Reprieve Revoked

Posted on:2014-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2266330401469346Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
From the formulation of the democratic revolution of the1997Criminal Law, the Criminal Law reprieve revocation system has undergone continuous changes be implemented only as a policy by the Penal Code before the79-year,79of the Criminal Code if the resist reform in a flagrant verifiedbe ruled or approved by the Supreme People’s Court,"to the97criminal law" if intentional crime, verified the approval by the Supreme People’s Court, to death with reprieve revoke a standard progressive development and the gradual improvement, but still there are some problems.A suspended death sentence as a means of implementation of the death penalty, an important part of our criminal justice system must also be set up in coordination with the criminal justice system as a whole must be considered the establishment of a death sentence with a revoked standard system of thinking;, suspended death sentence is revoked standardconsideration of the value of the policy requirements, taking into account the reprieve revocation shall conform to the death penalty and purpose of punishment.Existing criminal law "intentional crime" as a death sentence with a revoked standard reprieve prisoners the subjective mentality and general immoral behavior, illegal acts, negligence, criminal behavior and other excluded explicitly to facilitate the implementation of this provision, in line with our country less kill, Shen killdeath penalty policy, the feasibility and rationality. But intentional crime itself is a wide range of varied shapes, great social harm from low to high difference types of crimes, in general terms, without distinction as standard there are many problems. Should be intentional crime reprieve revoked standard limit shall revoke the death sentence with a reasonable definition of the scope of an intentional crime through the criminal law to explain the method. Intentional crime shall revoke the stay of execution, a civil action intentional crime shall, in accordance with the Criminal Law in the chapters the different characteristics of the specific class of sin, combined with the corresponding criminal acts harmful to society civil action, the implementation of the possibility of specific analysis only to be harmful to society crime revoked reprieve. Intentional crime suspended in the patterns of crime, it should not revoke reprieve given reprieve prisoners continue to examine the qualifications of, and preparation for crime and attempted crime, vary in their subjective malignant large, in terms of social harm, should be under judicial organs specifically examine the actual situation, may revoke the stay of execution, but also from time to revoke the reprieve, continued observation. Reprieve two years after the expiration of the test was found to be suspended during an intentional crime, should be treated in accordance with the provisions of the limitation period for prosecution, the inmate was sentenced to death with reprieve for13death penalty charges canceled after the Criminal Law Amendment principle and intentional crime during the Probation shall be revoked reprieve, unless the offense should be sentenced to death for the crime.Meritorious affect for a reprieve revocation or should distinguish between general meritorious service and great merit:general meritorious, will not have an impact reprieve revoked; great merit, great merit before an intentional crime, only to commit new crimes should be sentenced to deathrevocation of the stay of execution, the offense only major meritorious service is great merit in intentional crime will not have a death sentence with a revocation impact.
Keywords/Search Tags:Stay of execution, revocation standards, an intentional crime, meritorious
PDF Full Text Request
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