This article tries to explain and review the legal issue of the interpretation and application of ICCPR Article 6 (2), especially in the concept "the most serious crimes" from ICCPR Article 6 (2). In fact, after the implementation of "Act to Implement the Two Covenants", the judicial practice of imposition of death penalty issue still needs further study. Therefore, this paper will explain the concept "the most serious crimes, and fair trial" of ICCPR Article 6 (2) and tries to analyze and clarify the standard, change, and development of criminal judicial practice. Then, we examine the Taiwan Supreme Court Judgment Tai-Shan-Zi No.6851 (2011) by these standards. And we can find that the aforementioned judgment has totally misunderstood the interpretation and application of ICCPR Article 6 (2) in its judgment. In the last part, this paper will make some criticisms and suggestions.