The principle of balance between crime and punishment clearly stipulated in China's criminal law runs through the content of criminal law, which is embodied as follows: (1) Legislation has established a scientific and strict penalty system. It enables judicial organs to use it flexibly according to various situations of crimes, thus laying a foundation for judicial activities to achieve a balance between crime and punishment. (2) The principle of punishment for different treatment is stipulated. For example, for the crime of * * *, the criminal law stipulates that the principal offender shall be punished according to all the crimes he participates in or organizes or directs; An accessory shall be given a lighter, mitigated or exempted punishment; For the coerced person, the punishment shall be mitigated or exempted according to the circumstances of the crime. For another example, the criminal law provides for recidivism system, voluntary surrender and meritorious service system, probation system, commutation and parole system, etc. Among them, recidivism is given a heavier punishment because of its greater possibility of recidivism, and surrender and meritorious service can be given a lighter punishment because of their lower personal danger. All these reflect the principle of suiting crime to punishment. (3) Establish different sentencing ranges. So that the judicial organs can impose appropriate penalties on criminals according to the nature, severity and personal danger of the crime.
According to the requirements of the principle of balance between crime and punishment, judicial organs should pay attention to: (1) correcting the tendency of emphasizing conviction over sentencing, and putting conviction and sentencing in the same important position; (2) correcting the tendency of severe punishment and strengthening the law enforcement concept of fair sentencing; (3) Correct the disparity of sentencing severity in different courts and realize the balance and unification of sentencing in law enforcement.
The specific requirement of the principle of suiting crime to punishment is that punishment should be adapted not only to the nature of the crime, but also to the circumstances of the crime and the personal danger of the offender.
Legislative embodiment of the principle of adapting crime to punishment
The adaptation of crime and punishment is determined by the basic relationship between crime and punishment.
Crime is the premise of punishment, and punishment is the consequence of crime. Crime not only determines that the actor should be punished by punishment, but also determines that the actor should bear the punishment appropriate to the crime.
If the crimes are arranged from light to heavy, then the punishment must also be arranged from light to heavy, and the ladder of crimes determines the ladder of punishment. In China's criminal legislation, the principle of suiting crime to punishment is embodied in the following two parts:
(A) embodied in the general principles of criminal law
The principle of adaptation between crime and punishment in the general principles of criminal law in China is mainly reflected in three aspects:
First, the general principles of criminal law stipulate a scientific penalty system. The punishment system stipulated in China's criminal law includes several kinds of punishments with different severity, which are arranged in the order of severity and have a tight structure, and the main punishment and the supplementary punishment coexist, laying a foundation for realizing the adaptation of crime and punishment.
Second, the general principles of criminal law stipulate the scientific principle of punishment. According to the different social harmfulness of various criminal forms, the principle of differentiated punishment is stipulated in the general principles of criminal law in China. These punishment principles include: excessive defense, excessive defense should be mitigated or exempted from punishment (Article 20, Article 2 1); Compared with the accomplished crime, the prepared offender may be given a lighter or mitigated punishment or be exempted from punishment (Article 22); Compared with the accomplished crime, the attempted crime may be given a lighter or mitigated punishment (Article 23); The discontinuing offender shall be exempted or mitigated according to whether it has caused actual damage (Article 24); The principal offender shall be punished according to all the crimes he participated in or organized or directed (Article 26); An accessory shall be given a lighter, mitigated or exempted punishment (Article 27); For those who are coerced, the punishment shall be mitigated or exempted (Article 28); Convicted criminals should be punished according to their role in the joint crime (Article 29); Combined punishment for several crimes (Article 69); The specific rules of combined punishment for several crimes stipulate: combined punishment for several crimes first and then combined punishment for several crimes first and then combined punishment for several crimes according to the time when the last crimes occurred and were discovered (Articles 70 and 7 1).
Third, the general principles of criminal law stipulate a series of scientific sentencing systems and execution systems, including: recidivism system (Articles 65 and 66); Voluntary surrender system (Article 67); Meritorious service system (Article 68); Probation system (Articles 72-77); Commutation system (Articles 78-80); Parole system (Article 865438 +0-86).
In these penalty systems, recidivists should be given heavier punishment because of their high possibility of recidivism; Voluntary surrender and meritorious service can be given a lighter punishment because of their little personal danger; The premise of probation is that the offender meets the four conditions: minor crime, repentance, no danger of recidivism and no significant adverse impact on the community where he lives; The commutation is because the criminal did repent or perform meritorious service during the execution of the penalty; Parole is due to the fact that during the execution of the penalty, the prisoner has conscientiously observed the prison regulations, received education and reform, and indeed showed repentance, and there is no danger of recidivism.
The establishment of these penalty systems fully considers the rise and fall of the criminal's personal danger, thus providing further guarantee for the realization of the adaptation of crime and punishment.
(two) embodied in the specific provisions of the criminal law.
Judging from the system and structure of the specific provisions of criminal law, the setting of each charge system and the arrangement of specific charges in the specific provisions are basically determined according to the size of social harm and the severity of crimes.
It can be said that the principle of suiting crime to punishment is not only the basis of the establishment of the specific provisions system of criminal law in China, but also well reflected in specific chapters and charges. The criminal law provides relatively certain statutory penalties for various crimes, and sets a number of sentencing ranges according to the seriousness of the circumstances, so that thousands of judicial organs can correctly judge the punishment according to the seriousness of the crime and the personal danger of the criminals.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 5 The severity of punishment in the Criminal Law shall be commensurate with the crimes committed by criminals and the criminal responsibilities they bear.