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应当在兼顾报应与功利,并且由报应限制功利的框架下,确定共同犯罪案件死刑适用的总量标准。在最主要的主犯因有重大立功表现而被从轻处罚,没有被判处死刑立即执行的情况下,可以对其他主犯判处死刑立即执行,但不能因此而对本来只需判处死缓的次要主犯提升刑罚,改判死刑立即执行。在一人犯数罪的情况下,较轻的罪行因体现出犯罪人的主观恶性和人身危险性,可以影响到对最严重的罪行的死刑适用。
Under the framework of giving consideration to retribution and utilitarianism and limiting retribution by retribution, the general criteria for the application of the death penalty in joint criminal cases should be established. If the main culprits were given lenient punishment because of their meritorious service and they were not sentenced to death immediately, they may be sentenced to death without any delay. However, they should not be promoted if they were to be sentenced to death only Penalties, sentenced to death penalty immediately. In the case of one person committing a number of crimes, the lesser offense can affect the application of the death penalty for the most serious crimes because it reflects the subjective viciousness and personal danger of the perpetrator.