Legal analysis
A fine is a punishment, and a fine is an administrative punishment. Many people think that fine is one of the types of administrative punishment, but it is not administrative punishment. Administrative penalties include: 1, warning; 2. Fine; 3. Confiscation of illegal income and property; 4, ordered to suspend production and business; 5. Suspend or revoke the license, or suspend or revoke the license; 6. Administrative detention; 7. Other administrative penalties prescribed by laws and administrative regulations. In the specific provisions, while adding charges, a fine penalty clause is set up. In the specific provisions, a separate fine clause was added without modifying the original statutory penalty range. For example, before the first paragraph of the crime of organizing, leading and participating in terrorist organizations in Article 120 of the Criminal Law, it is stipulated that those who organize and lead terrorist organizations shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
legal ground
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft Article 14 Whoever commits theft and is fined according to law shall be fined not less than 1,000 yuan but not more than 2 times the amount of theft; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed.
Suggestion on sentencing in Article 33 of Guiding Opinions on Applying the System of Confessing Guilt and Accepting Punishment with Leniency. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether probation is applicable. Before putting forward suggestions on sentencing, the people's procuratorate shall fully listen to the opinions of the criminal suspect, defender or lawyer on duty, and try to reach consensus through consultation. When handling a case of pleading guilty and admitting punishment, the people's procuratorate shall generally put forward suggestions on determining punishment and sentencing. For new types of unusual criminal cases, as well as felony cases with complicated sentencing circumstances, we can also put forward suggestions on amplitude punishment and sentencing. When making sentencing suggestions, the reasons and basis shall be explained. If the criminal suspect pleads guilty and admits punishment without other statutory sentencing circumstances, the people's procuratorate may, according to the facts and nature of the crime, be lenient on the basis of the benchmark punishment and put forward suggestions on determining the punishment and sentencing. If there are other statutory sentencing circumstances, the people's procuratorate shall comprehensively plead guilty and admit punishment and other statutory sentencing circumstances, and put forward suggestions on conviction and sentencing with reference to relevant sentencing norms. If a criminal suspect pleads guilty at the investigation stage, the leniency of the principal punishment may be appropriately relaxed on the basis of the preceding paragraph; If the defendant pleads guilty and admits punishment at the trial stage, he may be appropriately mitigated on the basis of the preceding paragraph. If it is suggested to impose a fine, a certain amount shall be proposed with reference to the lenient range of the principal punishment.