sentencing steps
1. According to the basic criminal facts, determine the starting point of sentencing within the corresponding legal punishment range;
2. Other criminal facts that affect the constitution of the crime according to the amount of crime, the number of crimes and the consequences of the crime. On the basis of the starting point of sentencing, increase the amount of punishment and determine the benchmark punishment.
3. Adjust the benchmark punishment according to the circumstances of sentencing, and comprehensively consider the whole case to determine the declared punishment according to law.
adjustment method of benchmark punishment
1. If there is a single sentencing circumstance, adjust the benchmark punishment directly according to the adjustment proportion of sentencing circumstance.
2. If there are multiple sentencing circumstances, generally, according to the adjustment ratio of each sentencing circumstance, the method of adding in the same direction and subtracting in the opposite direction is adopted to adjust the benchmark punishment; If there are sentencing circumstances such as juvenile crime, elderly crime, mentally ill crime with limited capacity, deaf-mute or blind crime, excessive defense, excessive risk aversion, crime preparation, attempted crime, crime suspension, accomplice, coerced accomplice, abettor, etc., the benchmark punishment should be adjusted first, and then other sentencing circumstances should be applied to adjust.
3. If the defendant has committed several crimes and has the applicable sentencing circumstances for meritorious service, recidivism and other crimes, the sentencing circumstances shall be applied to adjust the benchmark punishment for each crime, determine the punishment that should be imposed for each crime, and then implement the combined punishment for several crimes according to law to decide the punishment to be executed. What is the sentencing standard of Zhejiang criminal law?
II. Guiding Principles of Sentencing
1. Sentencing should be based on facts, take the law as the criterion, and decide punishment according to facts, nature, circumstances and the degree of harm to society.
2. Sentencing should consider not only the severity of the crime committed by the defendant, but also the criminal responsibility of the defendant, so as to achieve the purpose of punishment and crime prevention.
3. In sentencing, the criminal policy of combining leniency with severity should be implemented, so that the leniency is lenient and the strictness is strict, and the combination of leniency and severity should be used to punish crimes, so as to ensure the unity of the legal effect and social effect of the judgment.
4. Sentencing should objectively and comprehensively grasp the changes of economic and social development and public security situation in different periods and regions to ensure the realization of criminal law tasks; For similar cases in the same area and at the same time, the penalties imposed should be basically balanced.