What are the provisions on the two-year suspension of execution of death sentences?

I execute a condemned convict What are the provisions for two-year suspension?

Death penalty with a reprieve , is our country criminal law Unique punishment System. It applies to those who should be sentenced death penalty , but they are not criminals who must be executed immediately. The death penalty is suspended for a fixed period of two years.

The two-year suspension of death penalty is not a separate kind of punishment, but an execution system of death penalty.

When sentenced to death with a two-year suspension of execution, the following two conditions must be met:;

1、 The perpetrator should be sentenced to death for his crime. If the perpetrator should not be sentenced to death for his crime, he cannot be sentenced to death with a two-year suspension of execution;

2、 Those who do not need to be executed immediately generally refer to those who should be sentenced to death surrender oneself 、 render meritorious service There may be other legal conditions for lenient punishment, or the subject of the crime has obvious intellectual obstacles, or the victim itself has obvious faults.

II probation and Reprieve of death What are the differences between?

1. The application premise is different. The application of probation is such that criminals are sentenced criminal detention Less than 3 years fixed-term imprisonment Is the premise; Application of suspended death sentence On condition that the criminal is sentenced to death.

2. Law enforcement methods are different. Criminals whose sentences have been suspended will not be detained, but will be investigated by the public security organ with the cooperation of their units or grass-roots organizations; Criminals whose death sentences have been suspended must be imprisoned and reformed through labor.

3. The test period is different. The probation period for suspension of sentence must be determined according to the type of sentence and the term of sentence. The difference between the type of sentence and the term of sentence determines that they have different legal probation periods; The legal term of death penalty suspension is two years.

4. The legal consequences are different. The legal consequences of suspension of sentence, depending on whether the criminal has occurred legal circumstances during the probation period, are as follows: the original sentence will not be executed, or the suspension will be revoked, and the punishment imposed for the previous crime and the subsequent crime will be Combined punishment for several crimes Or be put in prison to execute the original sentence.

The consequences of suspension of execution of death penalty are: at the expiration of the period of suspension of execution, according to the performance of the offender Commutation of sentence , or execute the death penalty. During the period of suspension of execution, the death penalty can also be executed because the offender violates the statutory conditions.

The preconditions for the application of death suspension and probation are different. Suspension is applicable to prisoners sentenced to criminal detention or fixed-term imprisonment, and suspension of death is applicable to prisoners sentenced to death. The probation period of the two is different. The probation period of probation depends on the type of sentence and the term of the sentence. The probation period of suspended death sentence is two years. The execution methods of the two are different. Criminals sentenced to probation do not need to be imprisoned, while the execution of a suspended death sentence is in prison.