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死缓变更为死刑立即执行的核准程序与死缓犯的生命权息息相关,该程序与死刑复核程序在内容上有所交叉,但在提起目的、审理对象、启动事由等诸多方面存在差异。认定构成故意犯罪的裁判生效之后,应由对新罪提出指控的检察机关逐级提请最高人民检察院向最高人民法院启动死缓变更为立即执行核准程序。为了保障核准前申诉权的落实,新罪判决生效后应为死缓犯提供15天的申诉期,申诉应有阻止核准程序的效力。死缓变更为死刑立即执行核准程序应采取公开开庭审理方式,对案件进行全面审查并遵循一致裁决原则。
The death penalty is more death penalty The immediate implementation of the approval process is closely related to the right of life of the suspended survivor. The procedure is similar to the procedure of the death penalty review, but there are differences in the aspects such as the purpose, the object of investigation and the cause of initiation. After the verdict that constituted the intentional crime came into effect, the prosecutorial organ that charged the new crime should be brought step by step to the Supreme People’s Procuratorate for initiating the gradual suspension of change from the Supreme People’s Court to the prompt execution of the approval procedure. In order to guarantee the implementation of the pre-approval right of appeal, a 15-day appeals period should be provided for the suspended prisoners upon the entry into force of the new crime. The appeals should have the effect of preventing the approval process. Death is commuted to death penalty Immediate execution of the approval procedure Public hearings should be conducted to conduct a full review of the case and follow the principle of unanimous award.