1. What are the provisions for reprieve?
Provisions on reprieve of death sentence: According to Article 50 of the Criminal Law, if there is no intentional crime during the reprieve of death sentence, it will be commuted to life imprisonment at 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.
The people's court may, according to the circumstances of the crime, at the same time decide to limit or reduce the punishment for recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.
Two, the relevant laws and regulations of the death penalty with a two-year suspension.
A two-year suspension of execution of the death penalty means that criminals who should be sentenced to death but may not be executed immediately are sentenced to a two-year suspension of execution and reeducation through labor, depending on what happens in the future. A person sentenced to death with a two-year suspension of execution has six legal effects:
1, if there is no intentional crime during the suspended execution of the death penalty, it will be commuted to life imprisonment after the expiration of two years;
2, if there is a significant meritorious service, after the expiration of two years, reduced to 25 years in prison;
3. If the crime is intentional and the circumstances are bad, the death penalty will be executed with the approval of the Supreme People's Court.
4. If the death penalty is not executed due to intentional crime, the suspended execution period of the death penalty shall be recalculated and reported to the Supreme People's Court for the record.
5. Restrict commutation: for recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes;
According to the circumstances of the crime, the court may also decide to limit and reduce the sentence. If the probation period is reduced to life imprisonment according to law, the actual execution period shall not be less than 25 years; If the probation period is reduced to 25 years, the actual execution period shall not be less than 20 years.
6. Life imprisonment: If the death penalty is suspended for corruption and bribery, the court may, according to the circumstances of the crime, decide to sentence the death penalty to life imprisonment at the same time after the death penalty is suspended for two years, without commutation or parole.
Third, how to stipulate the suspension of execution of death penalty?
If the death penalty is suspended, if there is no intentional crime during the suspended period, it will be commuted to life imprisonment after the expiration of two years; Those who have made significant meritorious service shall be reduced to fixed-term imprisonment of not less than 15 years but not more than 20 years after the expiration of two years; If the crime is intentional and verified, the Supreme People's Court will approve the execution of the death penalty.
The people's court may, according to the circumstances of the crime, at the same time decide to reduce the sentence to life imprisonment or 20 years' imprisonment according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 50 of the Criminal Law of People's Republic of China (PRC).
If the death penalty is suspended, if there is no intentional crime during the suspended period, it will 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.
The people's court may, according to the circumstances of the crime, at the same time decide to limit or reduce the punishment for recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.