司法实践中发现,死缓犯在判决未生效期间又故意犯新罪,情节恶劣却不能执行死刑,判决结果明显不符合立法本意,却又无能为力。建议刑法和刑诉法修改时,应专门规定被判处死刑缓期两年执行的罪犯,在判决宣告后,核准之前又故意犯新罪且情节恶劣的,应当直接改判死刑立即执行,这样可以防止被判处死缓的犯罪分子,利用上诉期和核准期故意严重犯罪而刑法不能加重其原有刑罚的漏洞报复同监在押人员和监管警察。 Judicial practice found that ex-prisoners committed intentional new crimes during the sentence did not take effect, the circumstances are poor but can not execute the death penalty, the verdict clearly does not meet the legislative intent, but can do nothing. When it is suggested that the criminal law and the revision of the criminal procedure law be specifically prescribed, the criminals who have been sentenced to two years’ suspended execution of the death penalty should be sentenced immediately after the announcement of the judgment and they deliberately committed a new crime and the circumstances are bad. The death penalty shall be immediately executed, Sentenced to imprisonment of criminals, the use of the appeal period and the deliberate intention of serious crimes and the criminal law can not aggravate the loopholes in its original penalty vengeance with the prison detainees and police supervision.