The death penalty is suspended. How long can this suspended sentence be suspended?

Under normal circumstances, a person with a suspended death sentence will not die. As long as he does not make any more mistakes and behaves well, a suspended death sentence can be changed to a fixed-term prison sentence, which usually lasts only 15 years.

Go directly to the answer.

First, we must first explain: the death penalty is not subject to probation! ! ! In other words, there is no reprieve for the death penalty.

To use a popular analogy: A committed aggravated robbery and was sentenced to death. So, when executing the death penalty on the death row prisoner A, can we say that the death row prisoner A should be suspended for 50 years before being shot?

Obviously, this is impossible! Do you think that if you let the condemned prisoner wander outside for 50 years and then bring him back to execute him, perhaps the condemned prisoner will already be dead by then? Wouldn't this be a wasted sentence?

What if the death row inmate commits another shocking crime after being released from prison? Obviously, this is very ridiculous!

Probation, to put it bluntly, means you don’t have to go to jail!

Think about it, how is it possible to release a death row prisoner and give him a suspended sentence without going to jail? Isn't this ridiculous?

Therefore, there is no reprieve for death row prisoners! ! !

Probation is generally applicable to criminals whose crimes are minor, whose sentence is less than three years (including three years), who pose minimal harm to society and who have not committed violent acts.

Only criminals who meet the above major conditions may be eligible for probation.

Probation is also a type of punishment.

Second, there is no suspended sentence for the death penalty. Similarly, there is no saying about how long the death penalty will be suspended before execution.

The execution of the death penalty is suspended for two years. This is a measure for the execution of the death penalty. It is a time concept. It only needs to be decided after two years whether to execute the death penalty.

The popular explanation is: for those sentenced to death who can commit suicide or not, they are given a two-year test opportunity to confess their sins and repent, which is commonly known as a suspended sentence.

If the two-year trial period is passed, then the prisoner with a suspended death sentence has successfully landed ashore and survived.

"Death penalty with a two-year reprieve" and "suspended sentence" are two completely different concepts! !

The two-year reprieve of death penalty is an execution measure of the death penalty. It is a description of the concept of time, which means that "the death penalty inmate still has two years to take the initiative to actively reform through labor, conscientiously repent and repent, and strive to become a new person." Chance"!

Similarly, this can also be understood to mean that the people's government is saving the life of this death row prisoner whose life is hanging by a thread! It was the people's government that gave this suspended prisoner a chance to be reborn! !

Third, why can death row prisoners only receive a two-year reprieve?

A slightly exaggerated example of probation has been given earlier.

This two-year reprieve of execution is an innovative design of our country’s criminal law system. At the same time, it is also a mandatory time limit for the reprieve of death.

To use another analogy: C was sentenced to death for committing a serious crime of rape. So, is it possible to let condemned prisoner C spend 50 years in prison before executing him?

Obviously, what kind of legal deterrence and legal authority does such a death sentence have?

A person's life lasts only a few decades, but a death-row prisoner is allowed to live until he can no longer walk or the death-row prisoner has died naturally before proceeding to execute him Death penalty, what’s the point?

Suppose Death Row Prisoner C was 35 years old when he was sentenced to death in prison, and then decided to execute Death Row Prisoner C after a 50-year reprieve.

This death row prisoner B counted on his fingers, haha, in 50 years time I will already be in my twilight years with a white beard, so it will be worth it!

Thinking about it this way, Death Row Prisoner C actually ate well and slept soundly every day. In a blink of an eye, Death Row Prisoner C lived to be 75 years old. In the end, Death Row Prisoner C actually died a natural death in prison.

The result is: Death row prisoner C escaped the legal punishment of death penalty!

Such a result is obviously impossible!

What a joke! The death penalty is suspended for two years. This is the rigid rule for the time for prisoners with suspended death!

4. Within two years, prisoners with a suspended death sentence must conscientiously and actively undergo labor reform, study legal knowledge, sincerely repent, and abide by prison rules, and if the prisoner with a suspended death sentence has significant meritorious service or technological innovation, the prison management According to the bureau's assessment, prisoners with a suspended death sentence can be commuted to life imprisonment or fixed-term imprisonment.

Generally speaking, as long as every prisoner with a suspended death penalty conscientiously reformes and abides by all the regulations in the prison, the prisoner with a suspended death penalty will be reborn.

In short, in life, you must first abide by the laws! ! What do you think? The above content is for reference only. At the same time, we also hope for your feedback.

Suspended execution of death penalty, also known as reprieve of death, is usually suspended for about two years [send one's heart]. However, what will be executed after the two-year reprieve ends may not be the death penalty, but may also be fixed-term imprisonment or life imprisonment [a flash of inspiration].

First of all, let’s talk about the concept of reprieve of death [yeah].

Suspended death penalty is an original punishment created by China. Other countries do not have suspended death penalty. Suspended death means that criminals who have reasons to be sentenced to death but do not need to be executed immediately are given a suspended sentence of two years to undergo reform through labor to observe the effects.

The death penalty with a two-year reprieve is not an independent punishment type, but a punishment system that uses the death penalty for psychological punishment. The death penalty is a prerequisite for the reprieve of death.

So, what are the consequences of a prisoner being sentenced to a suspended death sentence [shy]?

There are three possible endings for them, as I said at the beginning: one is execution, the other is commutation to life imprisonment, and the third is commutation to fixed-term imprisonment.

So what are the corresponding conditions that must be met for these three consequences?

In the first type [Big Gold Tooth], the conditions for the execution of the death penalty are that the person committed a crime intentionally during the two-year execution period, which is verified to be true and approved by the Supreme People's Court.

Please note that the requirement here is intentional crime rather than negligent crime. Let me give you an example: murdering someone in deliberate revenge is a crime of intentional crime, and driving a car while drunk and killing someone is a crime of negligence.

However, during the period of suspended death sentence, they are basically in cells, so it is difficult for death row prisoners to have the opportunity to commit crimes.

The second [thinking], the condition for converting the death penalty to life imprisonment is that as long as there is no intentional crime within the 2-year period, even if there are general illegal acts or even negligent crimes, it will be reduced to life imprisonment. .

It is worth mentioning that life imprisonment in my country is not a lifelong sentence. The actual prison time of criminals is generally between 13 and 20 years. The life sentence with a suspended death sentence does not include the 2 years of suspended execution.

The third type [smog], if the criminal performs well during his sentence and has made significant contributions to society, his sentence can be reduced to a fixed-term prison sentence.

It is worth mentioning that the minimum term of fixed-term imprisonment for death row prisoners after multiple commutations is 12 years, and these 12 years do not include the 2 years of suspended execution.

Most criminals with suspended death sentences can be commuted to fixed-term imprisonment.

The last point [cool] is that during the sentence, if the criminal is sentenced to death because he intentionally committed a crime that caused great harm to society, he does not need to wait for the expiration of the 2-year reprieve, but the death penalty will be executed immediately.

If a person intentionally commits a crime and causes great harm to society during the commutation of his sentence after two years of reprieve, the death sentence will not be executed again, but the death penalty will be executed immediately.

So let’s summarize, what is the real use of reprieve of death for the country and society [poor]?

On the one hand, it can give criminals a chance to reform; on the other hand, and the most important purpose is to reverse unjust, false and wrongly convicted cases.

When the existing evidence cannot 100% guarantee that the criminal is the culprit of a major criminal case, the execution of a suspended death sentence can provide the police and the public with the opportunity to find more reliable evidence, and at the same time give the real victim a justice.

First of all, you must understand the system of suspended death penalty:

There are two applicable conditions for "death penalty suspended for two years": 1. It is a crime that deserves death; 2. The death penalty does not need to be executed immediately.

In other words, this is a crime established by the state based on the value of human rights to give some criminals who are truly repentant and uncertain, an opportunity to reform and prevent wrongful killing.

The purpose of emphasizing here again is to illustrate that a reprieve of death is not just as simple as "a two-year reprieve of the death penalty". "A two-year reprieve of the death penalty" is a result of the current judgment, but it will also provide the criminal with a new It brings 6 results:

1. Death suspended period, if the criminal has not committed the crime intentionally, it will be reduced to life after 2 years;

2. Death suspended period, if the criminal intentionally committed the crime , and the circumstances are serious, the death penalty will be executed after approval;

3. Death penalty. If the death penalty is not required immediately for intentional crimes, the death penalty period will be recalculated;

4. Death penalty , if there is significant meritorious service (revealing other people's criminal behavior, or providing important clues, and other outstanding contributions), it will be reduced to 25 years in prison;

5. Death penalty, for recidivists and those convicted of various violent crimes For criminals who have committed crimes such as intentional homicide, robbery, kidnapping, explosions, etc., the court may restrict the reduction of their sentences;

6. For criminals who have been sentenced to a suspended death penalty for corruption and bribery crimes, the court may reduce their sentences based on their The circumstances may be commuted to life imprisonment in accordance with the law, or life imprisonment without the possibility of commutation or parole.

In other words, if a person is sentenced to "death penalty with a two-year suspension of execution", generally speaking, the criminal will be sentenced to life imprisonment after two years. If there are other circumstances, the death penalty may be changed to death immediately or to life imprisonment depending on the circumstances. 25 years in prison, re-sentenced to suspended death, staying for another 2 years, limited commutation, and life imprisonment.

To put it simply, after 2 years, the criminal sentenced to suspended death will face two situations: death and immortality, and the possibility of immortality is higher than the possibility of death. The status of a person with a suspended death sentence is very sad. No matter in a prison or a detention center, there will always be people who do good things to attack him. This will test the endurance of the person with a suspended death sentence. If the person is not handled well, his fate will change. A friend of mine was sentenced to a suspended death sentence for murder. After the High Court review, there was a person in the cell who started looking for trouble and insulted him in various ways. Because he was shackled and had a reprieve, there was no room for resistance. In the end, he couldn't bear it anymore and took advantage of his laxity in duty to blind the man's eyes. As a result, he was charged with intentional injury and sentenced to death for both crimes. This is very sad.