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在重新审判“发回”死刑案件的司法实践中,对被告人容易存在有罪推定的倾向、依据补强证据再次适用死刑的倾向和漠视侦控行为合法性的倾向。为此重审法院应杜绝片面依据侦控机关提供的不利于被告人的存疑补强证据,对被告人再次适用死刑;对“事实不清、证据不足”发回的死刑案件,如果经过重审认定的案件事实没有发生重大变化,一般也不宜对被告人再次适用死刑。
In the judicial practice of retrial of death sentence case, the tendency of guilty presumption of guilty is easy to exist, the tendency of death penalty is applied again according to reinforcing evidence and the disregard of the legitimacy of detection behavior. Therefore, the court of retrial should eliminate one-sided evidence based on the suspicious evidence provided by the investigation and control authorities that is unfavorable to the accused, and once again apply the death penalty to the accused. If the case of death penalty sent back by “the facts are not clear and the evidence insufficient” is re-examined No major changes have taken place in the identified cases, and it is generally not appropriate to apply the death penalty again to the defendants.