The adaptation of crime and punishment is reflected in the severity of punishment in criminal law, which should be adapted to the crimes committed by criminals and their criminal responsibilities. Adapting crime to punishment is one of the most basic principles of China's criminal law. It means that the crimes committed by criminals should be commensurate with the criminal responsibility they should bear, and the felony should not be lightly sentenced or the misdemeanor should be severely sentenced. If a criminal commits a crime endangering national security and should be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention, or deprived of political rights, he may not be sentenced to fixed-term imprisonment of not less than three years and be deprived of political rights. However, in addition to the basic principle of suiting crime to punishment, criminal law also stipulates some different punishment principles according to the degree of social harm and personal harm, such as excessive defense, emergency avoidance, crime preparation, suspension and so on. The principle of heavier punishment is stipulated for principal offenders, first-time offenders and intentional crimes.
Second, can criminal detention be released on bail pending trial?
Bail pending trial refers to a compulsory measure in the process of criminal proceedings, in which the criminal suspect, defendant or other relevant personnel prescribed by law apply, and with the consent of the people's court, people's procuratorate or public security organ, the criminal suspect and defendant are ordered to put forward a guarantor or pay a deposit, so as to ensure that the criminal suspect and defendant do not evade or hinder the investigation, prosecution and trial, and at the same time be deported.
Article 65 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial.
Article 96 stipulates: "A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. "
According to the above provisions of the Criminal Procedure Law, during the period of criminal detention, the criminal suspect himself, his legal representative and his near relatives (including his parents, spouse, siblings and children) have the right to apply for bail pending trial.
3. What constitutes criminal detention?
Article 61 A public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or on-site witness identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
The above is about the consequences of excessive punishment for everyone. Serious criminal punishment will lead to related problems.