犯罪人一贯表现作为司法实践中重要的酌定量刑情节,对于死刑的限制适用具有重要意义。考察犯罪人一贯表现,要着重关注犯罪人是否有前科、是否初犯或者偶犯、是否做出过社会贡献等方面。犯罪人一贯表现好的,应慎用死刑立即执行;犯罪人一贯表现差的,不宜将一贯表现作为死刑裁量的重要依据;有犯罪前科的,不能一概酌情从重处罚;犯罪人做出过社会贡献的,死刑裁量时可酌情予以考虑。 The offender’s consistent performance as an important discretionary sentencing case in judicial practice is of great significance to the application of the death penalty restriction. Examining perpetrators’ performance has to focus on whether the offender has a criminal record, whether he has committed a first offense or even a conviction, and whether he has made social contributions. The perpetrator has always performed well and should be executed immediately with the death penalty. Offenders have consistently failed to demonstrate consistent performance as an important basis for determining the death penalty. Criminal offenders can not be punished severely if they have a criminal record. Convicts have made social contributions. The discretion of death penalty can be considered.