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对于正在怀孕妇女的死刑执行变更的基点,应当做目的性的扩张解释,只要在刑事诉讼过程中存在着怀孕的事实,无论这一事实是否消失、何时消失以及为何消失,就应当停止死刑的执行而变更为其他刑罚。对于执行前发现死刑犯患有精神疾病而丧失辨认和控制能力的,应当暂缓死刑执行,待其康复后,由最高人民法院再次下达死刑执行令。而在死缓期间,只要故意犯罪就应变更为死刑,但应当在二年期满后才能执行,从而为死缓犯在剩余期间内的重大立功创造前提。如果在此期间有过失犯罪的,应当对死缓犯在死缓期间的过失犯罪与原先判处的死缓实行并罚,死刑缓期执行的期间从后一裁判确定之日起计算。
The starting point for any change in the death penalty for pregnant women should be a purposive expansion of the explanation that the death penalty should be stopped as long as there is a pregnancy in criminal proceedings, no matter what disappears, disappears and disappears Executed and changed to other penalties. The death penalty execution shall be postponed for those who have found that the death penalty criminals suffered mental illness before their execution. Once the rehabilitation is completed, the Supreme People’s Court will again issue the death penalty execution order. In the period of cessation, as long as intentional crime should be commuted to the death penalty, it should be implemented after the expiration of two years so as to create the prerequisite for the great merits of the survivor in the remaining period. If there is a negligent crime during this period, the penalty for the negligence committed by the suspended detainee during the suspended state should be used in parallel with the previous suspended death sentence. The period for the suspension of execution of the death penalty shall be calculated from the date on which the latter verdict is determined.