First, implement the overall requirements of the criminal policy of combining leniency with severity.
1. To carry out the criminal policy of combining leniency with severity, we should treat crimes differently according to the specific circumstances, so as to crack down on isolated minorities, educate and influence the majority, minimize social opposition, promote social harmony and stability, and safeguard the long-term stability of the country.
2. We should correctly grasp the relationship between leniency and severity and effectively combine them. We should not only pay attention to overcoming the influence of the idea of severe punishment, but also avoid the influence of the idea of light punishment and blind leniency.
3. To implement the criminal policy of combining leniency with severity, we must handle cases in strict accordance with the law, conscientiously implement the principles of a legally prescribed punishment for a crime, the principle of suiting punishment to crime and the principle of equality before the law, and accurately convict and sentence according to law. Combining leniency with severity must be carried out according to law, and it can be justified and punished as a crime.
4, according to the economic and social development and social security situation changes, especially according to the changes in the crime situation, within the scope prescribed by law, timely adjust the object, scope and intensity of combining leniency with severity. It is necessary to comprehensively and objectively grasp the economic and social situation and social security situation in different periods and regions, fully consider the people's sense of security and the actual needs of punishing crimes, and pay attention to severely cracking down on crimes that seriously endanger national security, social security and people's interests. For crimes that are not serious in nature, minor in circumstances and less harmful to society, and the defendant pleads guilty and repents, lenient punishment is more conducive to social harmony and stability, and can be lenient according to law.
5. To implement the criminal policy of combining leniency with severity, we must strictly abide by the law, safeguard the unity and authority of the law, and ensure good legal effect. At the same time, we should fully consider whether the handling of the case is conducive to winning the support of the broad masses of the people and social stability, disintegrating crimes and resolving contradictions, educating and reforming criminals and returning to society, reducing social confrontation, promoting social harmony and striving for better social effects. Attention should be paid to fully explain the reasons for the judgment in the judgment documents, especially the reasons for leniency or severity, so as to urge the defendant to plead guilty and obey the law, pay attention to educating the masses, and realize the organic unity of the legal effect and social effect of the case judgment.
Second, accurately grasp and correctly apply the policy requirements of "strictness" according to law.
6. The "strictness" in the criminal policy of combining leniency with severity mainly means that if the crime is very serious and extremely harmful to society, it should be sentenced to heavy punishment or death according to law, and it should be resolutely sentenced to heavy punishment or death; Defendants who are more harmful to society or have statutory and discretionary circumstances of heavier punishment, as well as defendants with deeper subjective malignancy and greater personal danger, should be given heavier punishment according to law. In the trial activities, criminals and social unstable elements are effectively deterred by reflecting the policy requirements of "being strict according to law", so as to effectively curb and prevent crimes.
7. To implement the criminal policy of combining leniency with severity, we must unswervingly adhere to the policy of severely punishing serious criminal offences according to law. Crimes that seriously endanger the stability of state power and social order, such as crimes that endanger national security, crimes committed by terrorist organizations, crimes committed by evil forces, crimes that intentionally endanger public security, serious violent crimes such as intentional homicide, intentional injury, death, rape, kidnapping, abduction and trafficking of women and children, robbery, major robbery, and major theft, crimes that seriously affect people's sense of security, and crimes of smuggling, selling, transporting, and manufacturing drugs, Especially for criminals who are extremely hostile to the country and society, target unspecified people and commit particularly serious crimes, those who should be given a heavier sentence should be given a heavier sentence according to law, and those who should be sentenced to death should be given a heavier sentence according to law.
8. Serious crimes of corruption, bribery, abuse of power, dereliction of duty by state functionaries, crimes committed by evil forces, major safety accidents, manufacturing and selling fake and shoddy food and medicines, and serious crimes committed by state functionaries in the fields of social security, land acquisition and demolition, post-disaster reconstruction, enterprise restructuring, medical care, education and employment. , which seriously damages the interests of the masses, has a bad social impact and is strongly reflected by the masses, and occurs in key areas and industries of economic and social construction.
State functionaries who commit crimes and commercial bribery by taking advantage of their positions, or who refuse to plead guilty, do not repent, conceal the facts of the crime, destroy evidence, attack and defend the alliance, or abscond with a negative case, should be resolutely punished according to law.
Duty crimes and commercial bribery cases in which the defendant's criminal gains are small, but have caused great losses to state property and people's interests and extremely bad social impact, should also be severely punished according to law.
It is necessary to strictly grasp the criteria for determining the statutory mitigating circumstances of duty crimes and the extent of mitigating punishment, strictly control the scope of probation for fixed-term imprisonment of not more than three years after mitigating punishment according to law, and effectively standardize the application of probation and exemption from criminal punishment for duty crimes.
9. At present and in the future, crimes that seriously endanger the financial order, such as fund-raising fraud, loan fraud, manufacturing and selling counterfeit money, disrupting and manipulating the securities and futures markets, crimes that seriously endanger the safety of food and drugs, such as producing and selling counterfeit drugs, inferior drugs, toxic and harmful foods, crimes that seriously infringe on the national economic interests, such as smuggling, crimes that cause serious consequences, crimes that seriously pollute the environment, crimes that seriously damage environmental resources, and so on.
10, to severely punish serious criminal offences, we must fully consider the subjective malignancy and personal danger of the defendant. Defendants who have carefully planned and planned crimes in advance, defendants who have recidivism, duty crimes, etc., or defendants who have been criminally punished for intentional crimes and committed crimes within the probation period of probation and parole should be severely punished according to law to realize the special preventive function of punishment.
1 1, recidivists and drug recidivists shall be severely punished according to law. Anyone who constitutes a recidivist or drug recidivist according to law, even if the circumstances of the crime are minor, should also reflect the spirit of severe punishment. Especially for recidivists whose criminal record is violent crime or who are sentenced to heavy punishment, they should be severely punished according to law.
12, we should pay attention to the comprehensive use of various means of punishment, especially the application of property punishment according to law to effectively punish crimes. If there is additional property punishment according to the law, it shall be applied according to law. For the crime of embezzlement and greed, we should pay more attention to the application of property punishment according to law, so that criminals can be punished economically and deprived of their ability and conditions to commit crimes again. It is necessary to strengthen the execution of property punishment to ensure the severity of punishment and the realization of punishment function. If the defendant illegally occupies and disposes of the victim's property and cannot return the stolen goods, it should be considered as an important circumstance when deciding the punishment, reflecting the spirit of severe punishment.
13. The defendant in a criminal case should be investigated for criminal responsibility in strict accordance with the law, so that everything is reasonable. We should strive to improve judicial efficiency on the premise of ensuring judicial justice. Especially for those criminal cases that seriously endanger social order and arouse social concern, we should pay close attention to the trial and pronounce sentences in time on the premise of ensuring the quality of the cases.
Three, accurately grasp and correctly apply the policy requirements of "leniency according to law"
14. The "leniency" in the criminal policy of combining leniency with severity mainly means that the defendant who has a minor crime and less social harm, or a serious crime but has a statutory and discretionary lenient punishment, and has a relatively light subjective malignancy and less personal danger can be given a lighter, mitigated or exempted punishment according to law; Acts that have certain social harm, but the circumstances are obvious and the harm is slight, are not treated as crimes; For those who cannot be imprisoned according to law, non-custodial sentences such as probation, public surveillance and single penalty shall be applied as far as possible.
15. The defendant's behavior has constituted a crime, but the circumstances of the crime are minor, or minor or school students commit minor crimes, or the defendant has the circumstances of preparing for the crime, discontinuing the crime, being an accessory, being coerced, being too defensive, and not saving in times of crisis. And there is no need to be sentenced to criminal punishment according to law. Those who are exempted from criminal punishment shall, in accordance with the provisions of Article 37 of the Criminal Law, do a good job in dealing with the aftermath, help and educate or hand it over to the relevant departments for better social effects.
16. Criminals with minor criminal circumstances, not deep subjective malignancy, less personal danger, repentance and no longer endangering society should be treated leniently according to law. For those who meet the requirements, non-custodial sentences such as probation or control and single penalty shall be applied according to law. At the same time, with community correction, strengthen education, probation, help and help.
17. Generally, defendants who surrender should be given a lenient punishment according to law, except that the circumstances of the crime are particularly serious, the subjective malignancy is particularly serious, the danger is particularly great, or the surrender is maliciously used to evade legal sanctions.
In principle, if relatives bring the defendant to justice in different forms or assist the judicial organs in arresting the defendant and think that he surrendered, he should be given a lighter punishment according to law; Although some of them can't be considered as voluntary surrender, considering that the relatives of the defendant support the work of the judicial organs and urge the defendant to appear in court, plead guilty and repent, they should also be fully considered when deciding the specific punishment for the defendant.
18. If an ordinary defendant exposes another person's crime, which constitutes meritorious service, he shall be given a lighter punishment according to law. If the defendant has rendered meritorious service, but there are no bad criminal circumstances or serious criminal consequences, the range of lenient punishment should be greater.
19. For minor crimes committed for the first time and occasionally, they should be given a lighter punishment according to their motives, means, circumstances, consequences and subjective state at the time of committing the crime. First-time offenders and occasional offenders who commit minor crimes may be exempted from criminal punishment; If a punishment should be imposed according to law, non-custodial sentences such as probation or public surveillance and a single fine should also be applied as far as possible.
20. For juvenile delinquency, while considering the motive and purpose of the crime, the nature of the crime, the plot and the degree of social harm, we should also fully consider whether it is a first-time offender, whether it repents after being brought to justice, personal growth experience and consistent performance, and adhere to the principle of "education first, punishment second" and the principle of "education, probation and salvation" to deal with it. For accidental theft, robbery and fraud, if the amount has just reached a large standard and the stolen goods can be truthfully confessed and actively returned after the incident, it can be considered that the circumstances are obviously minor and will not be treated as a crime. For minor crimes, non-custodial sentences such as probation or control, single penalty and so on can be appropriately applied according to law; Those who are exempted from criminal punishment according to law shall be exempted from criminal punishment. If a minor commits a serious crime, he shall also be given a lighter or mitigated punishment in accordance with the provisions of the third paragraph of Article 17 of the Criminal Law. Generally, juvenile offenders who have reached the age of 14 and are under the age of 16 are not sentenced to life imprisonment.
2 1. For crimes committed by the elderly, their motives, purposes, circumstances, consequences and repentance should be fully considered, and combined with their personal danger and the possibility of recidivism, they should be given a lighter punishment as appropriate.
22. Crimes caused by the intensification of civil conflicts such as love, marriage, family and neighborhood disputes, crimes caused by labor disputes, mismanagement and other reasons, crimes with bad motives, and sudden crimes caused by the fault of the injured party or based on indignation or defense factors should be given a lighter punishment as appropriate.
23. If the defendant actively compensates the victim, pleads guilty or repents after committing a crime, it can be considered as a discretionary sentencing circumstance according to law. For a crime caused by the intensification of civil disputes such as marriage and family, if the victim and his family show understanding to the defendant, it shall be deemed as a discretionary sentencing circumstance. If the circumstances of the crime are minor and the victim's understanding is obtained, it can be given a lighter punishment according to law, and if it is not necessary to be sentenced to punishment, it can be exempted from criminal punishment.
24. For criminal defendants, non-custodial coercive measures such as obtaining a guarantor pending trial and residential surveillance are sufficient to prevent social dangers and do not affect the normal conduct of criminal proceedings, and generally no detention measures are needed. If a public prosecution is initiated against a people's procuratorate, and the defendant is not arrested, the people's court may generally decide not to arrest the defendant, except for the defendant's escape, collusion, recidivism, personal danger or other circumstances that may affect the normal conduct of criminal proceedings.
Four, accurately grasp and correctly apply the policy requirements of "tempering justice with mercy"
25. The principle of "combining leniency with severity" in criminal policy mainly means that when punishing various crimes according to law, we should be good at comprehensively applying the principle of combining leniency with severity, and treat different crimes and criminals differently, so as to achieve the goal of combining leniency with severity; There is strictness in leniency and leniency in strictness.
26. While severely punishing serious criminal offences in accordance with the law, we should also pay attention to combining leniency with severity if the defendant has statutory or discretionary circumstances such as surrender, meritorious service and accessory punishment. According to the specific circumstances of the crime, people who should or can be treated leniently according to law should be fully considered when sentencing.
27. While lightly punishing minor criminal offences according to law, we should pay attention to combining leniency with severity, and fully consider whether the defendant has any circumstances such as repeated admonitions, serious social harm, and strong public reaction. Those who are not severe enough to be effectively punished should also be reflected in sentencing, so that criminals can be severely punished and the reform effect can be effectively enhanced.
28. For cases where the defendant has both statutory and discretionary aggravating circumstances and statutory and discretionary lenient circumstances, comprehensive analysis and judgment should be made on the basis of comprehensive investigation of the facts, nature, circumstances and degree of social harm of the crime, combined with the defendant's subjective malignancy, personal danger, social security situation and other factors, generally strict or lenient.
29, accurately understand and strictly implement the policy of "keep the death penalty, strictly control and carefully apply the death penalty". Criminals who have committed extremely serious crimes and deserve to die, must be resolutely sentenced to death according to law. It is necessary to strictly control the application of the death penalty according to law, unify the judgment standards of death penalty cases, and ensure that the death penalty is only applicable to a very small number of criminals with extremely serious crimes. The evidence of conviction or sentencing in a specific case sentenced to death must be true and sufficient, and a unique conclusion must be drawn. The crime is extremely serious, but as long as it cannot be executed immediately according to law, the death penalty should not be executed immediately.
30. Crimes committed by terrorist organizations, cult organizations, underworld organizations and criminal groups engaged in smuggling, fraud, drug trafficking and other criminal activities should be treated differently according to different situations: leading organizations, commanders, planners and key elements in criminal organizations or groups should be severely punished according to law, and those who are sentenced to heavy punishment or death penalty should be resolutely sentenced to heavy punishment or death penalty; An accomplice who is tricked or coerced into participating in a criminal organization, criminal group or just a general participant and plays a secondary or auxiliary role in a crime shall be given a lighter or mitigated punishment according to law. Those who meet the conditions of probation may apply probation.
For crimes such as murder, arson, robbery and injury that occur in mass incidents, attention should be paid to cracking down on organizations, commanders, planners and active participants who directly commit criminal acts; Those who participate because of incitement, deception or intimidation, if the circumstances are relatively minor, and those who do show repentance after education, shall be treated leniently according to law.
3 1. For common * * * accomplice cases, we should fully consider the position and role of each defendant in * * * accomplice, as well as the difference between subjective malignancy and personal danger. If a principal and an accessory can be distinguished according to facts and evidence, they should all be identified as principal and accessory. If there is more than one principal offender, the principal offender should be further distinguished from the most serious principal offender. In the case of multiple defendants killing a victim, it is necessary to further distinguish the roles of each defendant, accurately identify the guilt of each defendant, and treat them differently; You can't simply give a heavy sentence on the grounds that you can't distinguish between primary and secondary.
32. For negligent crimes, such as the crime of safety accidents, we should comprehensively grasp the punishment scale of combining leniency with severity according to the severity of the harmful consequences caused by the crime, the size of the defendant's subjective sin and the defendant's performance after the crime. Those who actively rescue, recover losses or effectively prevent losses from expanding after a negligent crime shall be treated leniently according to law. Although the harmful consequences are not particularly serious, but the circumstances are particularly bad or deliberately hide the case after the incident, or even escape, which will delay the timely identification of the cause of the accident and the rapid organization of rescue, and will be severely punished according to law.
33. In a criminal case of ××××, the principal or ringleader who reports and exposes the identity of the co-defendant, who has little effect on criminals, should be strictly controlled. If the punishment is lighter, it may lead to the imbalance of sentencing in the whole case, and generally not be given a lighter punishment; In principle, those who expose criminals who have committed equally serious crimes in other criminal cases, or help to capture other principals and ringleaders in the same case, shall be given a lighter or mitigated punishment according to law. Those who have rendered meritorious service to accomplices or ordinary members of a criminal group, especially those who have helped to capture the principal and ringleaders, should fully embody the policy and be given a lighter, mitigated or exempted punishment according to law.
34. Serious crimes such as crimes against national security, intentional crimes against public security, serious violent crimes, and stakeholder economic crimes; Leaders, organizers and key members of organized crimes such as terrorist crimes, cult crimes and crimes committed by evil forces; Serious criminals who commit drug crimes again; Those who refuse to actively pay property execution fines according to law or have the ability to actively perform incidental civil liability for compensation shall be strictly controlled when commutation and parole are granted according to law. When reducing the sentence of recidivist, it should be strictly controlled. Refusing to disclose his true identity or forging materials for commutation or parole, which does not meet the conditions for commutation or parole, shall not be commuted or paroled.
A criminal sentenced to death with a two-year suspension of execution or life imprisonment for committing violent crimes such as intentional homicide, explosion, robbery, rape and kidnapping. We must strictly control the frequency and extent of commutation, ensure their relatively long actual sentences, safeguard fairness and justice, and ensure the reform effect.
Juvenile offenders, elderly offenders, disabled offenders, negligent offenders, probation offenders, coerced offenders, criminals who voluntarily pay property to execute property punishment or perform civil compensation responsibilities, criminals who have been sentenced to fixed-term imprisonment for excessive defense or excessive avoidance of danger, and other criminals who are not deeply subjective and have little personal danger should be treated leniently according to their repentance. Those who plead guilty, obey prison regulations, take an active part in study and labor, and truly show repentance shall have their sentences reduced according to law, and the range of commutation may be appropriately relaxed and the interval may be shortened accordingly. Those who meet the conditions for parole stipulated in the first paragraph of Article 81 of the Criminal Law shall be granted more parole according to law.
The fifth is to improve the working mechanism of implementing the criminal policy of combining leniency with severity.
35, should pay attention to sum up the trial experience, actively and steadily promote the standardization of sentencing. It is necessary to standardize the discretion of judges, gradually bring sentencing into court proceedings, enhance the openness and transparency of sentencing, fully realize the fairness and balance of sentencing, and continuously improve the quality and efficiency of criminal cases.
36. the Supreme People's Court will constantly improve and perfect the case guidance system for implementing the criminal policy of combining leniency with severity by summing up trial experience, making typical cases, strengthening trial guidance and formulating normative documents for the case guidance system.
37. Actively explore the working mechanism of people's courts in accepting minor criminal cases, give full play to the advantages of people's courts in facilitating the people and benefiting the people, accepting and hearing cases quickly, further promote the timely trial of minor criminal cases, and ensure the organic unity of legal effects and social effects.
38. We should give full play to the function of criminal summary procedure to save judicial resources, improve trial efficiency and promote judicial justice, and further strengthen the application of summary procedure. For the first-instance public prosecution cases in which the defendant has no objection to the basic criminal facts of the defendant and voluntarily pleads guilty, it is necessary to further strengthen the application of simplified trial of ordinary procedures in accordance with the law to ensure that qualified cases are tried in a timely and efficient manner.
39. It is necessary to establish and improve the trial mechanism of criminal cases that conforms to the characteristics of minors, combine education with trial and punishment, and better realize the purpose of "education, probation and salvation" through scientific and humanized trial methods, so as to promote juvenile offenders to return to society as soon as possible. Actively promote the construction of various systems conducive to the reform and management of juvenile offenders. The report submitted by the public security department to revoke the probation and parole of minors in view of their illegal crimes during probation and parole should be reviewed in time, and a decision should be made in time within the statutory time limit to truly form a joint force to do a good job in punishing and preventing juvenile crimes.
40, for criminal cases of private prosecution, to do a good job as far as possible to resolve contradictions in mediation, to promote reconciliation between the two sides. After the work of judicial organs, the defendant pleads guilty and repents, and is willing to compensate the victim for the losses and gain the understanding of the victim, so as to reach a settlement agreement, the private prosecutor may withdraw the prosecution, or he may be given a lighter or exempted from criminal punishment according to law. If a procuratorial organ brings a public prosecution against a criminal case that can be prosecuted by private prosecution or private prosecution, the people's court shall try it according to law and convict and punish it according to law. Minor criminal cases, such as minor injuries caused by civil disputes, should be allowed and recorded if the parties reach a settlement on their own after appealing to the court. The people's court can also try to do some work to promote the reconciliation of such cases without violating the law.
4 1. We should try our best to grasp all the positive factors that are conducive to mediation and reconciliation in incidental civil litigation, do more legal analysis, and promote reconciliation between the parties, so as to better implement the criminal policy of combining leniency with severity and strive to close the case. It is necessary to give full play to the positive role of the defendant, the unit where the victim belongs, community grass-roots organizations, defenders, litigation agents and close relatives in the mediation of incidental civil litigation, coordinate all parties to do a good job in mediation, reach a civil compensation agreement through mediation as far as possible, obtain the understanding of the victim and his family to the defendant, resolve contradictions and promote social harmony.
42. For victims and their relatives who have been harmed by criminal acts, can't get effective compensation in time, and have special difficulties in life, the relevant parties give appropriate financial help, which is conducive to resolving contradictions and disputes and promoting social harmony and stability. Local courts should, in light of local conditions and under the overall coordination and specific guidance of Party committees and governments, implement and implement the criminal victim assistance system to ensure the smooth development of this work and achieve practical results.
43, commutation, parole cases, take the court trial and written trial combined. Cases of duty crimes, especially cases of commutation and parole of former leading cadres at or above the county level, must be heard in court. In principle, the commutation and parole of violent criminals who seriously endanger public order, such as intentional homicide, robbery and intentional injury, ringleaders and other principals in organized crime cases, and criminals in other major influential cases should also be heard in court. If a case tried in writing intends to be commuted or paroled, the list of persons who intend to be commuted or paroled shall be publicized in the detention place and accepted by other prisoners.
44. Improve the supervision mechanism for criminal judges to implement the criminal policy of tempering justice with mercy, and prevent tempering justice with mercy, perverting the law, and abusing power for personal gain. It is necessary to improve the evaluation index system of trial, improve the identification standard of misjudged cases and the accountability system of misjudged cases, and improve the evaluation mechanism of judges. It is necessary to effectively change the practice of measuring the quality of criminal trial work and judge's performance simply by commutation and retrial rate. It is necessary to explore the establishment of an evaluation system that not only reflects the law of trial, conforms to the professional characteristics of judges, but also accurately reflects the comprehensive quality and judicial ability of judges, and comprehensively and scientifically evaluates the quality of judges' trial of criminal cases, the implementation of the criminal policy of tempering justice with mercy, and the organic unity of legal and social effects of criminal trials.
45. People's courts at all levels should strengthen contact and coordination with public security organs, state security organs, people's procuratorates, judicial administrative organs and other departments, establish a regular work coordination mechanism, study and implement the work measures of the criminal policy of tempering justice with mercy, and solve specific problems in a timely manner. In accordance with the legal principle of "division of responsibilities, mutual cooperation and mutual restraint", we should strengthen our working contacts with public security organs and people's procuratorates, not only perform their respective duties, but also further form a joint force to continuously improve judicial public trust and safeguard judicial authority. It is necessary to strengthen communication and coordination with judicial administrative organs in lawyer defense agency, legal aid, prison application for commutation and parole, community correction, etc., so as to promote the effective implementation of the criminal policy of combining leniency with severity.