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  • 外汇管理局服务热线Severalissuespleatorecognizepenaltysentcingrecommdation

    文章来源:新2网址会员登录 时间:2020-02-27

      外汇管理局服务热线Several issues plea to recognize penalty sentencing recommendation索尼hx10-一世物种系发作学软件获提速40倍Several issues plea to recognize penalty sentencing recommendation Several issues plea to recognize penalty sentencing recommendation editorial plea recognized fine leniency system is an important reform of the revised Criminal Procedure Law of the litigation system, the system is modern and reflects the requirements of judicial proceedings.The current national focus on timely and effective judiciary to punish crime, to achieve institutional efficiency goals and just double upgrade, and actively promote the implementation of this system.Key to recognize fine leniency plea is a plea bargain system, the core of sentencing recommendations.Precision prosecution sentencing recommendations are reflected in sentencing concessions, the key entities lenient sentencing recommendations made will help to reach a plea negotiation, enhance the stability of the system of leniency plea recognized fine.Professor Fan Chongyi article on Chinas judicial decisions and practices provide some references for in order to promote Chinas judicial authorities to better implement and develop pleaded guilty to recognize fine leniency system and sentencing recommendations.Code of Criminal Procedure to formalize a plea to recognize lenient penalty system.According to regulations, in the case pleaded guilty recognized fine, because voluntary confession recognized fine, so basically solved the problem conviction or non-controversial, the issue has become a priority of sentencing.The prosecution in the case pleaded guilty to recognize fine handling in a dominant position, should be made precise, scientific sentencing recommendations; Peoples Court to the trial centered on the requirements, it should be a review of the sentencing recommendation.Pleaded guilty to recognize cases around the penalty sentencing recommendations of this new issue, it should be common understanding, strengthen the effect of applicable.First, the prosecution should put forward the "OK" punishment lenient sentencing recommendations plea recognized fine system is a key content of the Code of Criminal Procedure, the provisions relating to the most.Article 15 of the Code of Criminal Procedure provides that: "criminal suspects and defendants voluntarily truthfully confessed his crime, confessed to the crime alleged facts, willing to accept the punishment, according to law can be treated leniently."Article 176, paragraph 2, clearly stipulates that the suspect pleaded guilty recognized fine, the peoples procuratorate shall on the principal penalty, additional penalties, if applicable probation sentencing recommendations.Article 201 stipulates that the peoples court shall adopt general sentencing recommendation Peoples Procuratorate.This legislation from the public prosecutors office to plead guilty sentencing recommendations provide a clear legal basis and requires investigators identify penalty cases, also on the sentencing recommendations put forward higher requirements.How to prosecution sentencing in plea negotiations recognize penalty cases and sentencing recommendations is a new topic.From the pilot case pleaded guilty to recognize fine leniency regime of view, the conception and realization of objectives pleaded guilty recognized fine leniency system, ensuring quality and efficiency sentencing consultation, while increasing the stability and effectiveness of the signing of a recognizance, the better the pilot areas to proposed "OK" punishment sentencing recommendations for a general principle, the pilot made a good effect, the court sentencing recommendation also tend to be adopted.In the case pleaded guilty to recognize fine full implementation of the system of leniency, sentencing and in intelligence, standardization, lower precision of the new requirements, in order to enhance the sentencing negotiation process and its stability, authority and continuity results further solidify recognizance book signed effectiveness, improve sentencing recommendation "accuracy", pleaded guilty to recognize penalty cases, in accordance with the relevant provisions of the criminal Procedure Code, the prosecution at the time of sentencing recommendations, still can make the "OK punishment".Its significance lies in: First, recognize fine in the case pleaded guilty, sentencing negotiation become the core task of handling the case, is the trial of the new object.For voluntarily pleaded guilty recognized fine of suspects, the accused, the results tend to have a presence on the sentencing "clearly" expectations.By asking "OK punishment" approach can better recognize fine lenient plea activation system "incentives" to encourage voluntary confession recognized fine, pleaded guilty recognized fine strengthen the stability of the wide consultation process and its results to further develop the system positive, to achieve simplified shunt.Second, accurate sentencing requirements, mainly for the "OK punishment" approach.Moreover, the form of the "OK" punishment, meaning that prosecution and defense issues around sentencing, launched a substantial equal consultations, finally reached a consensus.This sentencing recommendation is reasonable, acceptability, recognition rate, has a positive value guarantee, it can prevent post-sentencing because of problems caused by appeal or protest and procedural issues revolving.The third is in the process of prosecution plea recognized fine case, put forward the "OK" punishment, and of sentencing reform is consistent with its requirements, designed to achieve the effect of "co same sentence, like the case of Class sentence", which in turn do sentencing standards of unity, to avoid unfair sentencing and other issues.Fourth sentencing recommendations "to determine the punishment," the prosecutors, the peoples court with jurisdiction is not the essence of the conflict., Final confirmation and still ruled the trial stage in accordance with the Criminal Procedure Law.Prosecution sentencing recommendations put forward by the "OK" punishment, but also help reduce the "obviously wrong" situation arises.To this end, also recommended the establishment of peoples courts and prosecutors benign convergence mechanism, establish normality of the judge, the prosecution and defense communication mechanism, so as to reduce uncertainty in the sentencing negotiations, strengthening the seriousness of the signing of a recognizance, effectiveness and reliability sex, and better safeguard the procedural rights of criminal suspects and defendants, the full realization of the value of the pursuit of this system.Second, the plea recognized fine whether Article 67 of the Criminal Code sentencing independent, paragraph 1, paragraph 2, paragraph 3, respectively, provides a "surrender", "quasi-surrender" and "frank".From the content, the voluntary surrender entity, the core problem is basically plead guilty.This makes plea recognized fine leniency regime "guilty" and frankly, the relationship between surrender and become a new problem in the pilot.Although the legislation of the Code of Criminal Procedure to be lenient penalty system to recognize guilty, but plead guilty, recognized fine connotation, especially in relation to plead guilty in the criminal law system of surrender, yet to be clear.In this new case, with regard to the logic of confession and voluntary surrender remains to be further clarified.Currently, the department of theorists and practitioners pleaded guilty to recognize different views on whether the penalty sentencing of independent.There is no lack of negative point of view, guilty plea included recognized fine, recognized fine set of circumstances, is not new and separate sentencing.So also means that the two coincide, there is a problem repeated evaluation of the fairness of the sentencing recommendation is disadvantageous.At the same time, also with a view from the canonical form See, guilty and surrender are two recognized fine are established by the law and the procedure of the method, system independent of criminal law, not replace each other.Pleaded guilty to recognize fine should be surrendered, frankly, outside of the newly independent pleaded guilty in court for sentencing.But pleaded guilty recognized as a separate penalty sentencing, will inevitably lead to a chain reaction, in particular, to amend the Criminal Code provisions in question surrender.In this regard, it should be seen, pleaded guilty lenient penalty is an important recognition of our litigation system and procedures, pleaded guilty to recognize fine not show just for sentencing leniency.It should be carried out in accordance with the provisions of guilty recognize fine leniency regime by law to hear and lenient punishment on the grounds: First, recognize fine and plead guilty surrender, although frankly overlap and contact in sentencing, but pleaded guilty recognized fine should be surrendered, confessed, pleaded guilty beyond a new independent sentencing.In surrender, frankly, a lighter or mitigated basis, should then be given lenient punishment appropriate, in order to truly reflect the enthusiasm of litigation legislative intent incentive to plead guilty recognized fine in order to really promote their repentance.Second plea intent and content recognized fine leniency regime, not only have a physical effect, meaning more importantly procedural law, refers to the legal principle of due procedures for the foundation, pleaded guilty to promote the service contract, convinced, substantive justice and procedural justice closely integrated to form complete perfect judicial democratic process.Therefore, from the point of view of criminal integration, pleaded guilty to recognize fine not voluntary surrender of "pirated".On this basis, pleaded guilty on property recognized fine sentencing of independent, eventually need to be clarified by way of amendments to the Criminal.Currently, through judicial interpretation or guidance systems and other ways to be the case Interpretation.Third, pleaded guilty recognized fine Sentencing forecast intelligent exploration in order to implement the revised Criminal Procedure Law, sentencing recommendations to further promote the work effectively, this year April 28, the national prosecutors sentencing recommendations precision, standardization, intelligent "network training held.The importance and value of claims prosecutors at all levels to effectively raise awareness of the importance sentencing recommendation, change the "heavy conviction, light sentencing," the tendency to attach great importance to the sentencing proposal, effectively assume dominant in the alleged crime conviction and sentencing of responsibility, do the sentencing recommendations.Sentencing standards to further revise and improve, revise and improve the sentencing recommendations of procedural norms, and take various measures to enhance the ability and level prosecutors recommended sentencing.In particular explicitly require full play to large data intelligent assistance system role.Big data, combined with the depth of interaction and intelligence procuratorial work, can effectively enhance the sentencing recommendation accuracy and impartiality.You can refer to learn the court system and sentencing experts developed assistance systems, timely research and development organization can generally applicable sentencing recommendations auxiliary systems.This is clearly the direction exploration plea recognized fine intelligence reform sentencing cases.Case pleaded guilty to recognize fine and pleaded not guilty recognized fine cases has long been simplified shunt procedures, Code of Criminal Procedure to be standardized and formalized.In the plea recognized fine full implementation of the leniency system background, pleaded guilty recognized fine case will be the main target of investigators.Under the premise of voluntarily pleaded guilty recognized fine, almost no controversy or conviction has been resolved, mainly recognized by the program, the sentencing consultation has become a priority.How sentencing scientific consultations, accurate sentencing recommendations, and it has legitimacy, is handling the case the next center.In the new round of changes, the intelligent sentencing prediction came into being, will become an important mechanism for handling the case pleaded guilty to recognize fine.At present, Chinas judiciary is a top-down began to explore intelligent prediction fair sentencing, some internet companies are to proceed with the work.It is reported by the Guangdong Bovee, a far Technology Co., Ltd. R & D and design of "Little Bao" smart conviction and sentencing system, pleaded guilty recognized fine for cases, with powerful intelligent sentencing accurate forecasting capabilities to better promote sentencing reform.The system is the first theory to predict and the actual sentencing sentencing analysis "dual system" to achieve accurate prediction sentencing.Prison sentence prediction process real-time display and laws and regulations, the legal basis for judicial interpretation and guidance case, push the criminal justice and other judicial reference point of view, highlighting the strong predictive reasoning sentencing process.Sentencing sentencing table showing the calculation process, give full consideration to the legal circumstances of specific cases, discretionary circumstances of judicial discretion, and help standardize sentencing sentencing recommendations made.Moreover, the case provides the same region class intelligent push and visual analysis of large data.At present, the "Little Bao" smart conviction and sentencing system has more than 200 national court, procuratorate use or try a good test run results. Fan Chongyi