How long is the two-year suspension of death sentence?

1、 Judgment death penalty Suspended for two years Restriction of commutation How long?

Sentencing a death sentence with a two-year suspension of execution and limiting commutation of sentence is a system that cannot be lower than the minimum term of imprisonment, and the actual term of sentence executed shall not be less than 15 years;

1. The sentence of death sentence with two-year suspension of execution means that the sentence of death sentence with two-year suspension of execution should be served in prison for two years as a test period. If there is no crime during the test period, it is not necessary execute a condemned convict , changed to life imprisonment or fixed-term imprisonment 。

2. Restriction of commutation of sentence refers to the minimum period of sentence for a special crime stipulated by law Commutation conditions The actual term of imprisonment shall not be less than the minimum term of imprisonment.

3. According to the Supreme People's Court's Decision on Handling Commutation of sentence 、 parole Article 12 of the Provisions on the Specific Application of Law in Cases: Sentenced Death penalty with a reprieve After one or more commutations of sentence, the actual term of imprisonment of a criminal who has served his sentence shall not be less than 15 years, excluding the period of suspension of execution of the death penalty.

2、 Where is the two-year suspension of death penalty executed?

A death sentence with a suspension of execution is one in which criminals who should be sentenced to death can be sentenced to death with a two-year suspension of execution if it is not necessary to execute it immediately Execution of death penalty System. If a person is sentenced to death with a suspension of execution, if he does not commit an intentional crime during the period of suspension of execution, he shall be commuted to life imprisonment after the expiration of two years; If it is really significant render meritorious service In other words, after the expiration of two years, the sentence will be reduced to 25 years of fixed-term imprisonment; If an intentional crime is committed and the circumstances are flagrant, the death penalty shall be executed after it is reported to the Supreme People's Court for approval; If the death penalty is not executed for an intentional crime, the period of suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record. According to《 criminal procedure law 》The prison shall be the executing organ of a criminal sentenced to death with a two-year suspension of execution. During the two years' test period, criminals need to be imprisoned and forced to reform through labor. Reprieve of death It is to give the condemned person a chance to live. If he performs well, he can be reduced to life imprisonment or fixed-term imprisonment. However, he will still be imprisoned after the test. To sum up, the death penalty with a suspension of execution must be executed in prison.

III punishment What are the basic characteristics of execution?

(1) It is a criminal judicial activity to put penalty into practice. He is the last link of the country's criminal investigation, trial and implementation of criminal justice activities, which is to implement criminal law The specific implementation of punishment;

(2) The premise and basis of execution is the punishment determined by the effective judgment of the people's court. The basis for the execution of punishment by the penalty executing organ against the offender must be the legally effective judgment of the people's court Criminal judgment And the punishment determined in the written order.

Legally effective criminal judgments and rulings refer to:

1. Judgments and rulings that have passed the statutory time limit but have not appealed or protested;

2. Judgments and rulings of final adjudication;

3. A death sentence approved by the Supreme People's Court and a higher people's court authorized by the Supreme People's Court, or a sentence with a two-year suspension of execution.

No judgment of the people's court shall be delivered for execution before it takes effect

To sum up, if the death sentence is suspended for two years and then executed, it is likely to be commuted, but the prerequisite also needs to meet the conditions for commutation. At the same time, the commutation is also limited. The minimum term of service for the party concerned should not be less than 15 years. Therefore, the offender must know about it after making a mistake, Only in this way can we protect our rights and interests.