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故意杀人案件的死刑适用标准分为积极标准和消极标准,需要注意从整体上分析和把握各种因素,以确定犯罪人是否属于“罪行极其严重”或“不是必须立即执行”。对于危害后果严重、数罪并罚等作用力较强的情节,可以归为第一层级的积极标准;对于犯罪动机卑劣、预谋实施犯罪、犯罪手段凶残等情节,可以归为第二层级的积极标准。对于自首、立功和量刑证据存疑等作用力较强的情节,可以归为第一层级的消极标准;对于坦白、民事赔偿等情节,可以归为第二层级的消极标准。
The applicable standards for the death penalty in cases of intentional homicide are divided into positive and negative standards. It is necessary to pay attention to analyzing and grasping various factors as a whole to determine whether the offender belongs to the category of “extremely serious crimes” or “not immediately enforced.” As for the cases with serious harmful consequences and strong syndicates such as multiple crimes, they can be classified as positive standards at the first level. The plot of despicable crimes, premeditated crimes and criminality can be classified as second-level positive standard. Pupils with stronger motives such as voluntary surrender, meritorious service, and suspicious sentencing of sentencing can be classified as the first level of negative standard; for the confession and civil reparation, they can be classified as the second level of negative standard.