In the laws of the Ming and Qing Dynasties, there were two methods of execution for those who committed the most heinous crimes. One was execution by execution, which is equivalent to the current death penalty and is executed immediately. The other method is to behead the prisone

In the laws of the Ming and Qing dynasties, there were two execution methods for those who committed the most heinous crimes. One was execution by execution, which is equivalent to the immediate execution of the current death penalty. The other type is to be executed after a period of time at the autumnal equinox, which is often referred to as " asking to behead after autumn".

Qiuhouwenzhan originated quite early and has been used by later generations. This execution method looks very similar to the current death penalty with a two-year reprieve, but it is different. So what does "death penalty suspended for two years" mean? Is it really necessary to wait two years before execution?

[Case Review]

Under normal circumstances, after being sentenced to death and suspended for two years, when the two-year probation period expires, the prisoner serving the sentence will be commuted to life imprisonment and undergo labor reform in prison to observe his future. effect. But this does not mean that after being sentenced to death and suspended for two years, you can rest easy.

In a prison in Changchun, Jilin, Wen Zhe and Zhao Haixin were both prisoners who were sentenced to death with a two-year suspended sentence for intentional homicide and theft. During the two-year inspection period, they also serving their sentences in the same prison. However, during the inspection period, the two people who were accustomed to being free and loose not only had to abide by the rules and regulations of the prison and complete various tasks within the rules, but also had to work. They felt bored and tired of such a life.

On April 10, 2012, the two of them decided to take revenge on another prisoner named Guo who had long disliked him. Therefore, in the afternoon of that day, when the prisoners in the prison were undergoing labor reform at the labor posts in the sewing area, Zhao Haixin picked up the iron block on the desk and beat Guo, while Wenzhe stabbed and injured Guo with scissors. . The behavior of the two was quickly discovered by the prison guards who were under surveillance and they were controlled and taken away. The injured Guo was taken to the hospital for treatment.

After assessing Guo’s injuries, it was determined that his injuries were minor. When investigating Wen and Zhe, they also expressed that they could not stand Guo and wanted to kill each other in revenge.

According to the provisions of Article 232 of the " Criminal Law ", anyone who intentionally kills someone shall be sentenced to death, life imprisonment, or a fixed-term imprisonment of not less than ten years ; if the circumstances are relatively minor, he shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years.

The two people deliberately retaliated against Guo and harmed him. Their actions constituted the crime of intentional homicide. However, the two failed to achieve the purpose of killing Guo due to reasons other than their subjective will. This is an attempted crime and can be Give him a lighter punishment.

But what is special is that the two committed the intentional crime during the two-year probation period of and . Subjectively, there was intentional criminal behavior. In the end, the two did not want to repent and committed the crime again through joint premeditation. After the trial, the court decided to sentence the two to death and deprive them of political rights for life.

[Explanation of the law through cases]

What does "the death penalty is suspended for two years" mean? Is it really necessary to wait two years before execution?

Criminals who have been sentenced to death with a two-year suspension of execution will only be sentenced to a "death penalty with a two-year suspension of execution" if they truly show repentance and are not in danger of committing another crime. However, this does not mean that they will be sentenced to death after two years. Instead of executing the sentence, after the expiration of the probation period, based on his performance, he will be commuted to life imprisonment or changed to immediate execution.

Article 48 of the Criminal Law stipulates that the death penalty is only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if the execution is not required immediately, they can be sentenced to death and suspended for two years.

Two-year suspended execution of the death penalty and immediate execution of the death penalty are two different ways of executing the death penalty. Immediate execution is the most severe punishment for the heinous criminals after the verdict is issued and reported to the Supreme People's Court for approval. Way. Suspended death gives criminals who have been sentenced to death but not immediately executed a time limit to see whether they can be commuted to life imprisonment or whether they are hopeless and need to be executed immediately.

According to Article 50 of the "Criminal Law", if a person is sentenced to death with a suspended execution, during the suspended execution of the death penalty , if no intentional crime is committed, after the expiration of the two-year period, the sentence will be commuted to life imprisonment; if there is indeed a major meritorious service, the two-year term After expiration, the sentence shall be reduced to twenty-five years' imprisonment; if the crime is committed intentionally and the circumstances are serious, 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 shall be recalculated and reported to the Supreme People's Court. Filing.

For recidivists who have been sentenced to death with a suspended execution, and criminals who have been sentenced to a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, the people's court shall, based on the circumstances of the crime and other circumstances, A decision may be made at the same time to limit or reduce the sentence.

Article 51 of the Criminal Law stipulates that the period of suspended execution of a death penalty shall be calculated from the date the judgment is determined. The sentence in which a suspended execution of a death penalty is reduced to a fixed-term imprisonment shall be calculated from the date of expiration of the suspended execution of a death penalty.

is sentenced to death and is suspended for two years. If there is no intentional criminal behavior within the two-year review period, the sentence can be commuted to life imprisonment. If the sentence is commuted to fixed-term imprisonment in time, the sentence can be commuted to fixed-term imprisonment in the two years before the review period. The time limit will not be calculated into the sentence, but will be calculated from the date when the death penalty suspension expires. In other words, criminals who were sentenced to death and suspended for two years got their sentences reduced in time, and the time they need to serve in prison is generally longer than other criminals.

In Article 50, the so-called major meritorious service refers to preventing or reporting other people's criminal activities, which are verified to be true; or making major technological innovations; sacrificing oneself to save others, acting bravely; making other major contributions to the country and society, etc. Behavior. Only if such circumstances exist, after the two-year probation period expires, the sentence will be reduced to 25 years in prison, and you will still have to serve a long period of time in prison.

However, if a crime was intentionally committed during the probation period, such as Wen and Zhe committing intentional homicide and other crimes against Guo, it would mean that they had no repentance, and the suspended probation would be revoked, and the sentence would be directly changed to the death penalty and executed immediately.

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