在司法实践中,有的一审人民法院对判处徒刑宣告缓刑的在押犯,在判决未发生法律效力前,自行作出变更强制措施的决定,改为取保候审或者监视居住。我们认为,这是不妥的。第一审人民法院对宣告缓刑的在押犯(本文仅指检察机关决定或批准逮捕的在押犯)不应自行变更调制措施。这主要是因为: In judicial practice, some people’s courts of first instance change the sentence of prisoner sentenced to imprisonment to a decision of changing coercive measures before he has the legal effect, instead, he is released on bail pending trial or his residence is monitored. We think it is not proper. The people’s court at the first instance shall not make any alteration to the measures of the prisoners who have given a suspended sentence (this article refers only to the detainee who has been decided or approved by the procuratorial organs). This is mainly because: