Court sentencing rules: 1. When sentencing, the defendant's penalty shall be determined according to the sentencing principles and elements stipulated in the criminal law, combined with the prescribed sentencing standards, sentencing elements, sentencing application rules and sentencing methods. 2. Sentencing should be adapted to the social harm and personal danger of the defendant's crime, and should be carried out within the statutory punishment range stipulated in the Criminal Law. Sentencing should be balanced between region and time.
Legal objectivity:
Recently, the Supreme People's Procuratorate promulgated the revised Criminal Procedure Rules of the People's Procuratorate (Trial), which accurately defined the concepts and provisions related to procuratorial work in the new criminal procedure law according to the legislative spirit. The Criminal Procedure Rules of the People's Procuratorate (Trial) defines the definition of "extorting a confession by torture". It is pointed out that extorting a confession by torture refers to the use of corporal punishment or corporal punishment in disguised form, which causes the criminal suspect to suffer severe pain or physical and mental pain in order to obtain a confession. According to the provisions of the new Criminal Procedure Law, the rules clearly state that "confessions of criminal suspects collected by illegal methods such as extorting confessions by torture, witness testimonies and victim statements collected by illegal methods such as violence and threats shall be excluded according to law, and shall not be used as the basis for reporting for arrest, approving or deciding to arrest, transfer for examination and prosecution, and initiate public prosecution." At the same time, it is also stipulated that other illegal methods refer to the method of forcing a criminal suspect to confess against his will, which is equivalent to extorting a confession by torture or violence or threat. Defining "Particularly Serious Bribery Crime" The Criminal Procedure Law of the People's Procuratorate (Trial) points out that it is a particularly serious bribery crime if it has one of the following circumstances: the amount of suspected bribery crime is more than 500,000 yuan, and the circumstances of the crime are bad; Having a significant social impact; Involving the vital interests of the state. According to relevant professors from the Law School of Renmin University of China, this definition is more suitable for China's economic development, meets the needs of cracking down on crimes, and is also a consistent practice in China's judicial practice for so many years. The rules are clear. If the criminal suspect in a particularly serious bribery case is detained or under residential surveillance, the investigation department of the people's procuratorate shall notify the detention center or the public security organ in writing when sending the criminal suspect to the detention center or the public security organ for execution. When a defense lawyer meets a criminal suspect during investigation, he shall obtain the consent of the people's procuratorate. The investigation department of the people's procuratorate shall put forward opinions on whether or not to allow it, report it to the chief procurator for decision, and reply to the defense lawyer within three days. The rules require that when the people's procuratorate handles a particularly serious bribery case, it should notify the detention center or the public security organ and the defense lawyer who performs residential surveillance after the situation that hinders the investigation disappears, and the defense lawyer can meet the criminal suspect without permission. For particularly serious bribery cases, the people's procuratorate shall allow defense lawyers to meet the criminal suspect before the investigation is completed. The Rules of Criminal Procedure of the People's Procuratorate (Trial) further refines and clearly stipulates that the Supreme People's Procuratorate shall exercise legal supervision over the Supreme People's Court's death penalty review activities according to law. According to the regulations, the Supreme People's Procuratorate can conduct a review when necessary.