If the old criminal law is sentenced, will it be enforced according to the new criminal law?

In general, the old criminal law or the new criminal law is implemented lightly.

The principle of leniency is a principle for the application of criminal law, which means that criminal law must not have retroactive effect except for provisions for decriminalization (decriminalization), weakening punishment or favoring the perpetrator.

The principle of "starting with the old and treating it lightly" in criminal law is, in its simplest terms, the criterion of "favoring the defendant".

The principle of "from the old and light" is illustrated by specific examples:

First of all, when a person commits a crime before the promulgation of the new criminal law, it is necessary to consider the application of the old criminal law, that is, the legal provisions at the time of the act (from the old).

Secondly, if it is more beneficial for the defendant to apply the new criminal law, if it is not considered a crime, or if the punishment under the new criminal law is less, the new criminal law should be applied to the defendant.

Second, if it is more beneficial for the defendant to apply the old law, if the old law does not consider it a crime or if the old law provides for a lighter sentence, the old law will apply to the defendant.

Finally, depending on the specific circumstances of each case, the decision is made whether to apply the old law or the new law, which is the so-called "old and light" principle.

In addition to the application of the criminal law, the principle of "starting with the old and treating it lightly" is also applicable to other legal issues.

At present, China mainly adopts the principle of starting with the old and treating it lightly, and adopts the principle of retroactivity under special circumstances.

You have a misunderstanding of the relevant laws. The so-called "new criminal law" upstairs refers to the amendment (8) to the penal code, which has not yet been officially adopted.

The original text of the draft amendment (8) to the Criminal Law reads: "Criminals who were originally sentenced to a suspended death sentence commuted to life imprisonment, and whose sentence must not be commuted for 20 years or more after the people's court decides, and criminals who were originally sentenced to a suspended death sentence and commuted to 20 years imprisonment, and whose sentence must not be commuted for 18 years or more, and who have conscientiously abided by prison rules, accepted education and reform, and truly showed repentance, and the people's court finds that the criminal is not in danger of committing another crime, and can effectively supervise him after his parole, Parole is possible. ”

This means that there may be two different ways of commutation and parole in the original suspended death sentence: one is directly commuted to 20 years in prison, and then it cannot be commuted again, and you must serve 18 years before you can be released on parole, which can only appear after the amendment is officially announced, and there is no such thing now. Another option is to commute the sentence to 20 years, which can be further commuted according to performance, and parole can be applied after serving more than half of the original sentence.

The two-year probation period with a reprieve, does not count. That is, if the boy is eligible for parole, he should have served 12 years before he could apply for parole, not 10 years.

However, if the boy is a repeat offender or has been sentenced for intentional homicide, then he cannot be paroled, regardless of whether amendments to the penal code are introduced.

Executed in accordance with the judgment. Regardless of whether the law has been changed or not, the judgment that has already taken effect will be enforced in accordance with the judgment that has already taken effect, which is the principle of the application of the law that "the law does not apply retroactively".

Generally speaking, it should be enforced in accordance with the old criminal law, unless the new criminal law is more favorable to the offender.

It should be possible, but the sentence was a suspended death sentence at the time, and then it was changed to 20 years, and it is estimated that the family has done a lot of work!

Let's think again!

The law does not apply retroactively, except in the interest of others. OK.

Summary. The principle of criminal law is to treat the old with light. Combining the old with leniency means that if the illegal acts discovered after the implementation of the new law occurred before the implementation of the new law, the old law shall be applied in principle, and the new law will not have retroactive effect, but the new law will not be considered to be illegal or the punishment is relatively light, it will be dealt with in accordance with the new law.

In the specific implementation, it should be dealt with separately according to different situations:

Hello, I am a partner lawyer of the platform and have received your question.

The principle of criminal law is to treat the old with light. Combining the old with leniency means that if the illegal acts discovered after the implementation of the new law occurred before the implementation of the new law, the old law shall be applied in principle, and the new law will not have retroactive effect, but the new law will not be considered to be illegal or the punishment is relatively light, it will be dealt with in accordance with the new law. In the specific implementation, it should be dealt with separately according to different situations:

The old law is not considered to be illegal, while the new law is considered to be illegal, and the old law applies, i.e., the new law does not have retroactive effect. In such cases, liability cannot be held on the grounds that the new law provides for illegality.

The old law is considered to be illegal, but the new law is not considered to be illegal, and the new law should be applied, that is, the new law has retroactive effect.

If both the old law and the new law are considered to be illegal and should be held accountable in accordance with the provisions of the new law, the principle is to pursue responsibility according to the old law, that is, the new law does not have retroactive effect, which is the principle of starting from the old and treating it lightly. However, if the punishment under the old law is heavier than that under the new law, the new law should be applied, and the new law has retroactive effect, which is the embodiment of the principle of leniency.

Legal Analysis: China's criminal law implements the principle of treating the old with light. The criminal law does not have retroactive effect on acts that occurred before the entry into force of the criminal law that have not been tried or whose verdict has not yet been determined, but if they are not considered to be crimes or the punishment is relatively light when compared with the law at the time of the act (the old law), it still applies.

Legal basis: Article 12 of the Criminal Law of the People's Republic of China Article 12 After the founding of the People's Republic of China, if the acts of this Law before the implementation of this Law are not considered to be crimes, the laws at that time shall apply; If the law at the time considers it to be a crime, and it should be prosecuted in accordance with the provisions of Chapter IV, Section 8 of the General Provisions of this Law, criminal liability shall be pursued in accordance with the law at that time, but if this Law does not consider it to be a crime of Peiga Lao or the punishment is relatively light, this Law shall apply.

Before the implementation of this Law, effective judgments that have been made in accordance with the law at that time shall continue to be valid.

Legal analysis: The new and old criminal codes are implemented in accordance with the new criminal code. Laws, administrative regulations, local regulations, autonomous regulations and special regulations, rules enacted by the same body, the principle that the new law prevails over the old law.

Legal basis: Legislation Law of the People's Republic of China Article 92: Where special provisions of laws, administrative regulations, local regulations, autonomous regulations, and special regulations or rules formulated by the same organ are inconsistent with ordinary provisions, the special provisions shall apply; Where the new provisions are inconsistent with the old provisions, the new provisions shall apply.

The principle of criminal law is to treat the old with light.

In other words, crimes committed before the promulgation of the new Criminal Code are convicted and sentenced in accordance with the old Criminal Code, but if the sentence of the new Criminal Code is lighter than that of the old Criminal Code, then the new Criminal Code applies.

The new amendment to the Criminal Law has made the enforcement of life imprisonment more severe, so according to the principle of leniency between the old and the less, the life sentence of your friend should still be enforced in accordance with the provisions of the previous Criminal Law, and the provisions of Amendment (8) do not apply.

China's criminal law implements the principle of treating the old with lighter treatment. The Criminal Code does not have retroactive effect on acts that occurred before its entry into force without trial or for which the verdict has not yet been determined, but if it is not considered a crime or the punishment is less severe if it is not considered a crime or the punishment is less severe when compared with the law at the time of the act (the old law).

Legal basis: Criminal Law of the People's Republic of China Article 12 After the founding of the People's Republic of China, if the law at the time does not consider it to be a crime, the law at that time shall be followed; If the law at the time considers it to be a crime, and it should be prosecuted in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be pursued in accordance with the law at that time, but if it is not considered a crime by this Law or the punishment is relatively light, this Law shall apply.

Judgments that have already been rendered in accordance with the laws at that time before the implementation of this Law shall continue to be valid.