【摘要】 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。更多还原

【Abstract】 The basis for the alteration of the execution of death penalty on pregnant women ought to be extensively interpreted for its value corresponding to the aim of this regulation. That is to say,in the criminal litigation process,as long as the fact of pregnancy exists,the execution of death penalty should be stopped and altered into other penalties,no matter whether it disappears,when and why it disappears. As to the condemned criminals who are found to be in mental disorders or in the loss of their identification capacities and control abilities,the execution of their death penalty should be suspended until they fully recover from the mental problems. And they can only be executed with the death warrant issued after their recovery,once again by the Supreme People’s Court. Besides,death sentence with a suspension of execution is to be altered directly into death penalty but to be executed after the expiration of the two years’ suspension as long as an intentional crime is found during the term of the suspension. That is to give the prisoners under death sentence with a suspension of execution the opportunities to perform major meritorious services during the rest of their term of suspension. But during that period,if they commit a criminal negligence which is to be jointly punished with the former crime of death sentence with a suspension of execution,their term of suspension is to be counted since the date of the latter verdict.更多还原