'Kedei rishaso' teaches: drop the the punishment of Malkot in Chayvei Misos B"D. This open up the possibility of Malkot for capital crimes in a case when there was no warning for the death penalty, since in this scenario there will be but one punishment meted out by Beis Din. Similarly if there is no kares, e.g. if the sinner did Teshuva, there could be malkot for Chayvei Karaisos. In fact, Rebby Akiva will insist that kares is not considered a 'punishment' regarding the application of the rule of 'Kedei rishaso', either because it is not a punishment in Beis Din, or because it is not definite in nature. There is always the possibility of Teshuva. R' Akiva may hold the since the Azharas HaLav is needed for misa, it cannot generate Malkot.
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