What's the difference between statutory sentencing and actual sentencing?
What's the difference between statutory sentencing and actual sentencing?
1. What's the difference between statutory sentencing and actual sentencing?
The difference between statutory sentencing and actual sentencing is uncertain. The reason why sentencing differs from actual sentencing is that judges have discretion. Within the statutory sentencing limits, the judge needs to decide the final sentencing standard according to the circumstances of the crime, the attitude of pleading guilty, the facts of the crime and other factors. The range of sentencing is not absolute, and the factors to be considered in the final sentencing will increase.
Criminal law of the people's Republic of China
Article 61 General Principles of Sentencing When deciding the penalty, the penalty shall be determined according to the facts, nature, circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.
Article 62 A criminal who is given a heavier punishment or a lighter punishment according to the provisions of this Law shall be sentenced within the limits of the statutory punishment.
Article 63 A criminal with a mitigated punishment shall be sentenced to a punishment less than the statutory punishment if there are mitigating circumstances stipulated in this Law. If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.
Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.
Second, how to implement after sentencing?
Criminal law of the people's Republic of China
Article 264 If a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other executing organs.
Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.
Juvenile delinquents should be punished in juvenile reformatory.
The executing organ shall take the prisoner into custody in time and notify the prisoner's family.
A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued a release certificate by the executing organ after the expiration of his execution.
The actual sentencing standard of criminal cases will definitely be different from the statutory sentencing standard, but the legal system of our country does not specify the sentencing standard of each criminal act, just like the crime of intentional homicide, which causes minor injuries, serious injuries and death.