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Refinement of minors crime sentencing standards

Add Date:2015/7/1 Hits:1897 Font Size:S M L BACK
China's current sentencing system, there is no specific provision in particular for juvenile offenders. In practice, the degree of attention with respect to the facts of the crime found by the sentencing regime to be much smaller. In recent years, sentencing imbalance codefendant different sentence sentencing and other issues gradually get public attention, which not only requires us to face up to the current lack of sentencing system, but also for improving the sentencing regime provides a good opportunity. On juvenile offenders, the sentencing is not only to consider the facts of the crime, we have to consider their upbringing, the causes of crime and other personality characteristics, thus sentencing system have higher requirements. Although the "Supreme People's Court on the trial of the specific application juvenile criminal cases Legal Issues" Article XI have details about sentencing, but the actual operability of this section is not strong, just sentencing provisions of principles. October 1, 2010, the Supreme Court based on the Chinese criminal law in the criminal justice system and practical, through extensive research and repeated demonstration, after which point the experiment, presented the "People's Court sentencing guidance (Trial)" (hereinafter referred to as "guidance Opinion "), the guidance provides that: (1) fourteen years of age under 16 years of juvenile delinquency, can be reduced by 30% -60% benchmark punishment; (2) the full 16 years of age under eighteen Minors under the age of crime can be reduced by 10% -50% of the reference sentence. The introduction of this advice, so the judge sentencing the juvenile defendant have a basic grasp of the scale, however, no specific standards of criminal law sentencing provisions, how to grasp the scale of this that the law does not make specific provisions.

As Jiahe County, Hunan Province People's Court in March 2010 concluded the defendant Lee, Liu, Xiao Moumou, Xiaomou (17 years old) robbery case, the defendant Lee eight times involved in committing the crime of robbery, which Burglary 1, the amount of more than 47,000 yuan robbery, robbery defendant Liu participation in crime six times, including once Burglary, robbery amount of more than 44,000 yuan, the defendant Xiao Moumou involved in robbery crime 6, wherein Burglary 1, Robbery amount of more than 46,000 yuan, the defendant committed crimes of robbery Xiaomou participate three times the amount of more than 31,000 yuan robbery. Robbery four defendants are huge amount, in the crime during the four defendants played a major role, are considered the main culprit. Defendant Lee surrendered, truthfully confessed his crime, is surrendered. Xiaomou age of 18 when the defendant to commit the crime, the defendant Lee, Liu, Xiao Moumou pleaded guilty in court, the defendant pleaded guilty in court and can be part Xiaomou ill-gotten gains, the initiative to accept property punishment punishment. Court consideration of the above circumstances, the defendant Lee decided to give a lighter punishment, the defendant Liu, Xiao Moumou appropriate sentences, the defendant Xiaomou be mitigated punishment, then made the following verdict: defendant Lee, Liu, Xiao Moumou guilty of robbery and sentenced to fourteen years deprivation of political rights for three years and fined ten thousand yuan; Xiaomou defendant guilty of robbery and sentenced to eight years and fined $ 5,000. In dealing with this case, the Full Court of the defendant Xiaomou lighter punishment or mitigated punishment is controversial, because the means of the above-mentioned criminal defendant is bad, they were all holding homemade pistols, machetes, daggers robbery, believed to relieve the defendant Xiaomou Not punishment, but the majority opinion that the defendant dissatisfaction crime 18 years of age, and a good attitude, and partially ill-gotten gains, the initiative to accept the punishment property punishment, so from the perspective of the protection of minors punishment, and decisions on their mitigation punishment. Case, the defendant has two Xiaomou appropriate sentences plot, a statutory mitigating or extenuating circumstances.
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