Ryan's District Boards

Proposed establishment of the System of Sentencing
 
 
Outside the context of the proposed. Fourth, the factual basis. Prosecutor made a sentencing recommendation based primarily on the defendant's age, status, occupation, crime-related facts, nature, circumstances, means and other criminal acts harmful to society. Fifth, species. In our country. Sentence There are three forms: absolute uncertain legal punishment, the relative uncertainty of the legal punishment and the absolute certainty of legal punishment. Such proposals must be within the range of legal punishment, sentencing compression space: The third is absolutely sure of the sentencing recommendations. In general, the recommendations of this type is mainly applied to the applicable penalty for a single or from more types of criminal penalties, probation, stay of execution and other conditions. Sixth, the main body. In our country, on behalf of the Prosecutor's Procuratorate on behalf of foreign countries to work. Therefore, even though they are as individuals to make recommendations on specific cases. But such a proposal by its nature is not a individual proposals, but the collective decision-making. In other words, the main recommendations put forward sentencing the prosecution. Despite the sentencing recommendation whether to implement the system in China is still in the exploratory stage. the law nor regulations, but the system reflects the interests of justice and efficiency The significance is for sure, the pilot results also confirm this. The reason I believe that .1 O. Not only is the penalty proposed system itself has advantages, but also in this. can be recognized from two aspects. First. indictable activity, whether prosecutors have the option to make sentencing recommendations. As the saying goes, where there is a shadow of the sun. as a system, although the sentencing recommendation have some positive effects, but its negative aspects can not be ignored. First of all, the prosecution was on the position of the defendants, the defendant should be sentenced to penalties specific recommendations to the court, which ancestors mixed with some of the main , prejudice, and even emotional inevitable. Secondly, the prosecution made sentencing recommendations, often the debate in court to make their own judgments,You are not allowed to view links. Register or Login, which is likely to affect the sentencing recommendations of the comprehensive and objective impartiality. Again, At present, China is not high quality group of prosecutors. judicial experience and theoretical study of the accumulation of depth are not enough, it is more accurate sentencing recommendation made more difficult. Therefore, if the mechanical requirements of the prosecution of all cases, no sub-size weight, must make sentencing recommendations, apparently will not be able to maximize the value of the proposed system sentencing, but will also increase the workload of prosecutors, to fall into a passive and embarrassing situation. and gives the prosecution certain Discretion is undoubtedly make up the shortfall. Specifically, the prosecution can be based on available evidence and the formation of inner conviction of the sentencing, decided to choose or make specific sentencing recommendations or comments only confirmed the indictment or the indictment circumstances and the penalty the defendant's sentencing range. Thus, the system can not only play a sentencing recommendation to ensure the role of justice and efficiency, but also reduce the psychological burden of the Prosecutor, to play its proactive nature. investigate and collect evidence, sentencing recommendations to improve the accuracy. judicial practice, the prosecution sentencing recommendations are generally made some facts clear and simple plot of the case. And for those important, difficult, complex cases, the Prosecutor is not difficult to make specific sentencing recommendations. Second, the prosecution activities the prosecution have made the right choice of what sentencing recommendations. In other words, the facts of the case and the prosecution of cases the need for development and change, combined with their understanding of the law and the reasonable expectations of the sentence. decided to choose the type of make sentencing recommendations. Specifically, the prosecution case can be different according to different approaches: (1) a small number of cases, may require absolute certainty of legal punishment. Of course, since this proposal is too single and fixed. it should be limited to the range of a few , such as the proposals for the death penalty. (2) If you can not grasp certain cases, you can not raise punishments for criminal types, and only pointed out that the legal provisions to be applied. general recommendation should be severely punished or lighter punishment. (3 ) for most cases. implement the principle of differential treatment can be recommended to determine the relative magnitude of the penalty, such as the proposed sentenced to 5 years - 7 years. (4) If the application of probation, the prosecutor general's recommendations should be made applicable to probation.