According to reports, the suspect is middle-aged and the relationship between husband and wife is better. But no one expected that he used his position as head teacher to molest the female students in his class, committed 20 qj crimes against three girls and 230 qj crimes against 15 students, including the above three students, which was outrageous. After the incident was exposed, after being tried by the Yancheng Intermediate People's Court, the criminal suspect was sentenced to death with a two-year suspension.
In this regard, netizens also applauded and thought that the teacher deserved it and should be sentenced to death. But in fact, reprieve and death penalty are not the same meaning, they are essentially different:
The first is the different implementation methods. Once the death penalty takes effect, it will be executed immediately, and criminals have no possibility of survival. However, reprieve is different. If it is a suspended death sentence, generally speaking, if there is no intentional crime within two years, the suspended death sentence will be changed to life imprisonment, and there will be no danger to life. If a prisoner behaves well during his life imprisonment, he may be sentenced to fixed-term imprisonment, and if he continues to behave well, his sentence may be reduced or he may be released from prison early. Strictly speaking, reprieve is a flexible way of death penalty, which gives criminals a chance to reform.
Article 50 of the Criminal Law: If the death penalty is suspended due to change, and there is no intentional crime during the suspended execution, it shall be commuted to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.
Secondly, the applicable conditions are different. The death penalty is generally applicable to those vicious criminals whose behavior has brought a very bad negative impact on society, and their methods of committing crimes are cruel and bad, and they still do not want to repent. However, the applicable condition of reprieve is that the criminal should be sentenced to death, but according to the actual situation, there are statutory or discretionary circumstances to reduce the punishment.
Article 48 of the Criminal Law: the object of application and the approval procedure of the suspension of death; The death penalty is only applicable to criminals with extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension. The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
At the same time, the procedures in the trial process are also different. The case of a criminal sentenced to death with a suspended execution shall be reviewed by the higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, regardless of whether he appeals. However, for prisoners sentenced to death, whether the parties have appealed or not, the Supreme People's Court will review them.