1. How many years can one wait for a suspended death sentence?
1. The death penalty is suspended for two years. After the two-year suspension is over, if there is no intentional crime, it will be commuted to life imprisonment.
2. Life imprisonment prisoners can be commuted to fixed-term imprisonment in accordance with the law, and fixed-term imprisonment can also be commuted, but the actual execution period of the sentence shall not be less than 10 years, and the suspended 2-year fixed-term imprisonment will not be included in the 10 years.
3. In the case of restrictions on commutation, if the suspended sentence is commuted to life imprisonment in accordance with the law after the expiration of the trial period, the actual execution period of the sentence shall not be less than twenty-five years. After the expiration of the probation period, the sentence is reduced to a fixed-term imprisonment of two years in accordance with the law. If the sentence is fifteen years, the actual execution period shall not be less than twenty years (excluding the two-year suspended execution of the death penalty).
4. To sum up, the sentence for the death penalty should be no less than twelve years (excluding twelve years).
2. What should I do after the two-year suspension of execution expires?
Criminals who are sentenced to death with a suspended execution will have three consequences during the period of suspended execution or after the expiration of the suspended execution:
1. Criminals who are sentenced to a suspended execution of the death penalty. During the period of suspended death, if there is no intentional crime, the sentence will be commuted to life imprisonment after the expiration of 2 years.
2. After the expiration of the two-year period, if there is indeed a major meritorious service, the sentence will be reduced to 25 years in prison.
3. If the crime is committed intentionally and the circumstances are serious, the death penalty shall be executed with the approval of the Supreme People's Court; if the death penalty is not executed for an intentional crime, the probation period shall be recalculated.
3. What are the necessary requirements for a death sentence?
The following two points must be met to apply the death penalty:
1. The crime is extremely serious and the death penalty should be imposed;
2. It does not have to be executed immediately.
However, the law does not clearly define what an extremely serious crime is, and there is no corresponding judicial interpretation. This can only rely on the subjective judgment of the judge to a certain extent. Affected by many factors, judges' understanding of its specific content will be biased, which will inevitably lead to confusion in law enforcement. This is usually manifested in the improper application of the death penalty, which treats the death penalty as a punishment between suspended death and life imprisonment. For criminals who are sentenced to life imprisonment, they feel it is light, while those who are sentenced to death penalty feel it is serious. The death penalty does not matter whether the crime committed by the criminal meets the qualifications for the death penalty; or there is a one-sided emphasis on combat effectiveness, as if the death penalty not only reflects the seriousness of the penalty, but also increases the insurance factor, and there will be no problem of killing the wrong person; or When the crimes of multiple defendants in a case reach the death penalty sentencing standards and there are no other legitimate reasons, out of the need to balance the case, reduce the number of criminals sentenced to death and be executed immediately, and some criminals who have committed the most heinous crimes will not be executed immediately. , but sentenced to death, etc.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Article 50 of the Criminal Law, if a person is sentenced to a suspended execution of the death penalty and does not intentionally commit a crime during the suspended execution period, after the expiration of the two-year period, the sentence will be commuted to life imprisonment; if there are major For meritorious service, after the expiration of the two-year period, the sentence will be reduced to 25 years in prison; if the crime is committed intentionally and the circumstances are egregious, the death penalty shall be submitted to the Supreme People's Court for approval; if the death penalty is not executed for an intentional crime, the period of suspended execution of the death penalty will be recalculated and Report to the Supreme People's Court for filing.
Recidivists who have been sentenced to death with a suspended execution and those who have been sentenced to a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, placing dangerous substances or organized violent crimes. For criminals, the people's court may decide to limit the reduction of sentences at the same time based on the circumstances of the crime.