Friday, April 29, 2011

be exempted from punishment

Reporter: criminal defendants have surrendered plot for how to set the punishment?
Judge: our country criminal law article 67 also stipulates that first paragraph, the criminal, MBT Maliza to surrender may be given a lighter or mitigated punishment. Among them, the crime lighter, can be exempted from punishment. Whether be given a lighter or mitigated, be exempted from punishment, cannot treat as the same. The supreme people's court on February 8th 2010 for "carry out about criminal policy of" tempering justice with mercy "certain opinions" prescribed in paragraph 1 of article 17, except for the defendant, surrendered crimes severe, subjective vicious deep, personal risk is great, or malicious to circumvent the law by sanctions surrendered shall normally outside, from the punishment. That is to say, the defendants have surrendered plot of punishment shall in general be punished, but there are two exceptions, even if have surrendered plot nor punishment: the first kind, but crimes severe, subjective vicious deep, personal risk greatly; Second, malicious use around the law sanctions surrendered. To sum up, surrender may be given a lighter punishment law is the plot, but not should (or should) light punishment plot, whether to light punishment shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences integrated consideration.
Reporter: since medicine home xin have surrendered plots, why seek the death MBT Sini penalty?
Judge: this is a combination of intentionally killing the drug's case and comprehensive assessment of the concrete. Throughout this case, medicine of the victim card home xin drive not only after it, after laboring for fear of the victim, instead of the plates and kill people kill to remember, criminal motive abhorrent, subjective vicious deep; The defendant medicine in the victim's xin hold knife areas such as chest, back to stab sword, even number the victim was killed, especially brutal crime means, if the circumstances are especially bad, crimes extremely serious; The defendant medicine home because of the traffic accidents only commonly is kill people kill, social harmfulness is great, belong to the criminal policy of tempering justice with mercy "about carrying out certain opinions" prescribed in paragraph 1 of article 17 of the first kind of exceptions, mbt sandals clearance although have surrendered, and still should be punished in accordance with the plot.

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