Talk about your understanding of the development trend of lighter punishments

The concept of light criminalization is divided into narrow and broad senses, and the narrow sense holds that light criminalization is non-criminalization, and the criminals are punished, educated, and reformed by methods other than criminal punishment instead of criminal punishment for certain crimes or certain criminals. Broadly speaking, it refers to the use of lighter short-term liberal sentences for certain crimes or for certain criminals who do not use the punishment method of custodial sentence, but use non-custodial punishment methods to reform, educate and reform criminals, or strictly restrict the application of the death penalty until it is abolished. What I would like to talk about is the leniency of punishment in a broad sense.

It is necessary to further clarify the connotation of lenient punishment below.

First, the premise of leniency is that there is an act that meets the requirements of the criminal law to constitute a crime. That is, the legislator should stipulate in the criminal law that a certain act that seriously endangers society is a crime, and the judiciary shall not apply a heavier punishment to the offender when sentencing the offender on the premise that the perpetrator's act constitutes a crime.

Second, lenient punishment does not mean that the application of heavy sentences is excluded outright. The imposition of heavy sentences for some offences with a view to progressively reducing the application of heavy sentences does not contradict the trend towards lighter sentences.

Third, lenient punishment does not mean blind leniency. Lenient punishment does not mean that the punishment is applied at the lowest point of the statutory punishment, otherwise the relative statutory punishment will lose its meaning, and the application of the punishment will become the same, which is contrary to the principle of proportionality of crime and punishment. Even if the punishment is lighter as a whole, there is still the problem of proportionality to the crime.

The leniency of punishment is in line with the purpose of our country's penal punishment. The task of a country's criminal law is often inseparable from the punishment and closely related to the purpose of the punishment. As for the purpose of punishment, there is currently no unified view in the academic circles.

There are mainly the following theories: First, the theory of punishment, which holds that the purpose of punishment is to restrict and deprive criminals of their freedom and rights, so that they feel pressure and pain, so as to stop the occurrence of crimes. The second is the theory of reform, which holds that the purpose of punishment is to reform criminals and make them become new people through the means of punishment.

The third is the theory of prevention, which holds that the purpose of punishment is to prevent the crime of imitating ants, including special prevention and general prevention. Fourth, the dual purpose theory holds that the purpose of punishment is to punish the crime and to educate and reform the offender. Fifth, the general theory holds that the purpose of punishment is to punish and reform criminals, prevent them from re-committing crimes, and at the same time educate and warn other elements in society.

No matter how the purpose of punishment is discussed, in fact, punishment is the means, reform is the remedy, and only prevention is the real goal of punishment.

The purpose of criminal punishment in our country is not simply to cause criminals to suffer certain suffering and losses, but to carry out special and general prevention of crimes. If the punishment is meant to punish the criminals, then in the process of execution, there is no need to reform and educate them. It can be seen that punishment is only a means, and prevention is the goal.

Here, since it has been made clear that the purpose of the criminal law is not to simply punish criminals, we can also consider reducing the punishment and thus moving towards a lighter punishment.

Lenient punishment means that in criminal legislation, if a lighter punishment is sufficient, there is no need to provide a heavier punishment; In criminal justice, it is not necessary to apply a heavier penalty for conduct that has been established as a crime if it is sufficient to apply a lighter penalty. The leniency of criminal punishment requires that when the state uses criminal punishment to regulate social life, it should appropriately control the scope and severity of the application of criminal punishment, and strive to achieve the greatest social benefit with the minimum penalty cost, that is, to obtain the maximum social benefit by using less or no criminal punishment, so as to effectively prevent and control crime.

1. Can a probation be applied to repeat offenders?

According to article 65 of the Criminal Law of the People's Republic of China, recidivists shall be punished heavily, that is, the principle of heavier punishment shall be adopted. In determining their criminal responsibility, attention should be paid to grasping the following aspects:

1) Recidivism must be punished heavily. That is, regardless of whether an ordinary recidivism or a special recidivism is established, he must be sentenced to a relatively heavier punishment within the limits of the statutory sentence, that is, a heavier type of punishment or a longer sentence must be applied.

2) Aggravated punishment is relative to the criminal responsibility that should be borne if it does not constitute a recidivist. That is to say, for the heavier punishment of recidivism, the standard of reference is the criminal responsibility that should be borne when the recidivism is not constituted. Some scholars also believe that it is "the reference standard for a first-time offender or other offender who does not constitute a recidivist should be punished heavily."

Specifically, when the criminal acts committed by a recidivist are basically similar to those committed by a person who does not constitute a recidivist in terms of nature, circumstances, degree of harm to society, etc., a heavier punishment should be given to the person who does not constitute a recidivist. This perception is worth studying. Because the offenders are different and the specific circumstances of the crimes committed are different, it is impossible to truly be simple and fair under this kind of horizontal comparison with other criminals.

3) For heavier punishments, the punishment must be determined on the basis of the nature, circumstances, and degree of harm to society of the criminal conduct they committed, and not always given the legally-prescribed maximum sentence.

It can be seen that recidivists should be punished more heavily, and probation and parole should not be applied. Rock Command.

2. Can a person who has been criminally detained for the crime of theft be released on bail pending further investigation?

Release on guarantee pending further investigation may be submitted to the relevant organs, but whether or not to approve the case should comprehensively consider the danger to society of the criminal suspect or defendant, the circumstances and nature of the case, the severity of the sentence that might be given, and so forth.

Conditions for release on bail pending further investigation as prescribed by law:

1. They might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments. Where criminal suspects or defendants who might be sentenced to controlled release, short-term detention, or independently applying supplementary punishments have relatively minor crimes, and there is no need to arrest them, release on guarantee pending further investigation shall be used where there is a possibility of evading investigation, prosecution, trial, or other obstructions to the smooth progress of litigation.

2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation or imprisonment may be taken, depending on whether the residence is dangerous to society. Fixed-term imprisonment is more severe than controlled release or short-term detention, and criminal suspects or defendants who may be sentenced to a sentence of fixed-term imprisonment or higher have committed more serious crimes, and release on guarantee may be used if there is no danger to society at the time of release on guarantee pending further investigation, and there is no need for arrest.

The type of punishment does not include probation. China's Criminal Law divides criminal punishment into principal punishment and supplementary punishment. The main punishment includes controlled release, criminal detention, fixed-term imprisonment, life imprisonment, and death penalty.

Among them, the death penalty includes two situations: immediate execution and a suspended two-year execution. There are three types of supplementary punishments: fines, deprivation of political rights, and confiscation of property. Suspended sentences are a system of conditional non-execution of the sentence imposed.

Probation is not a specific type of sentence. The application of suspended sentences is to give the offender a chance to repent and reform on the premise of maintaining the validity of the original sentence, and it is the concretization of the criminal policy of combining punishment and leniency in the application of criminal punishment.

Article 33 of the Law of the People's Republic of China on Criminal Stupidity The types of principal punishments are as follows: (1) Control; (2) short-term detention; (3) fixed-term imprisonment; (4) Life imprisonment; (5) The death penalty. Article 34 of the Criminal Law of the People's Republic of China The types of supplementary punishments are as follows:

The leniency of punishment is a manifestation of mankind's slow march toward civilization, and it is also the need of the development of the times. With the development of politics and economy, coupled with the influence of the international situation, the application of China's criminal code has also undergone a process from strict to lenient, and there is a trend of further lighter punishment. As the last line of defense for social security, the severity of criminal penalties plays a vital role in social stability and development.

As the last line of defense for social security, the leniency of criminal punishment plays a crucial role in social stability and development. 1. The lighter punishment is in line with the purpose of China's criminal punishment.

II. The Reality of Light Punishment and Its Role.

1) The embodiment of lighter punishment in our country's current sentencing system.

2) The embodiment of light punishment in the current criminal punishment enforcement system.

3. Lenient punishment is a summary of historical experience.

1) Light punishment is the mystery of the long-term rule of ancient Chinese rulers (2) The historical lesson of Douye's severe torture and punishment has highlighted the importance of light punishment.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the offender's performance during the probationary period.

It can also be referred to as an enforcement system for criminal punishment.

A suspended sentence is a system of punishment in which the original sentence is conditionally not enforced.