From tomorrow, the implementation of common criminal and sentencing guidance for the implementation of Sichuan will be more balanced
Author:Chengdu Daily Jinguan Time:2022.06.30
Today, the Sichuan Provincial Higher People's Court and the Sichuan Provincial People's Procuratorate held a press conference on the standardized reform of criminal standardization. Formally issued the "Implementation Rules for Formation of Criminal Torture (Trial) (Trial)" (referred to as the "Implementation Rules") to the society, which will be officially implemented on July 1.
*The new version of the "Implementation Details" 6 parts 4 principles
The reporter saw that the new version of the "Implementation Rules" was divided into 6 parts. The purpose of standardizing the norm is explained, the basis for the formulation of norms is pointed out, the four principles of guiding the activation of torture are stipulated, the sentencing methods and steps are specified, and the principles of punishment and elimination of probation are clarified. From drafting to implementation, a total of one and a half years.
The new version of the "Implementation Rules" lists the adjustment of 18 torture circumstances such as minor crimes and crimes of the elderly. The two common crimes, such as the crime of traffic accidents, the crime of dangerous driving, and the proportion of regulation, as well as the specific considerations of the penalty, and the specific considerations of the probation of probation.
*Specific regulations on 23 common crimes
Regarding the public concern, the new version of the "Implementation Rules" is consistent with the "Setting Opinions", and specifically regulates 23 common criminal sentencing.
Wei Qingfeng, president of the Second Court of the Provincial High Court, said that the new version of the "Implementation Rules" will be reduced by "imprisonment and detention" to "sentence imprisonment." At present, drunk driving has become the first criminal crime. Although the punishment is detention, it is necessary to set up relevant criminal rules, but it is only clear that the drunk driving probation and fine rules will not be detailed. If the defendant is drunk, the alcohol content is 170 mg/100 ml. After the defendant arrives at the case, the defendant can truthfully confess that it can be determined directly within 2 to 3 months.
It stipulates that the alcohol content reaches 200 mg/100 ml; the organization chase and compete, inhale, inject drugs, or take anesthesia drugs, psychotropic drugs, etc. The alcohol content reaches 250 mg/100 ml and above. Generally not applicable to probation.
*Adopt more stringent standards for crimes such as electrical fraud and rape minors
In addition, the new version of the "Implementation Rules" is set up by the basic criminal composition of the premise of determining the starting point of quantitative penalties, and sets in accordance with the judicial interpretation or the chiefing standards of the Supreme People's Procuratorate and the Ministry of Public Security.
For example, the criteria of the Supreme People's Procuratorate and the Ministry of Public Security clearly clarify the crime of contract fraud at 20,000 yuan, and the new version of the "Implementation Rules" uses 20,000 yuan as the crime amount to determine the starting point of the penalty. The conviction of the provincial courts for judicial interpretation of the provincial courts will be set in accordance with the amount prescribed by Sichuan.
For example, the relevant judicial interpretation of theft will limit the larger standards to more than 1,000 yuan to 3,000 yuan. The new version of the "Implementation Rules" will determine the criminal amount of the starting point of the penalty in accordance with the Sichuan Court of 1,600 yuan.
At the same time, criminals such as telecommunications network fraud and rape minors have been adopted more stringent standards. If the amount of fraud crimes is close to the "huge amount" standard, it has the case of organizing and directing telecommunications network fraud criminal gangs; if the implementation of telecommunications network fraud abroad, the starting point of sentencing is within three to four years. If the above situation does not have the above situation, the amount does not meet the "huge amount" standard, and the starting point of the quantitative sentence is determined in strict accordance with the detention to less than one year in prison.
Another example is to clarify the severe punishment of adultery young girls and those who rape women will determine the starting point of the sentence within three to six years. Essence
*Effectively reflect the strict side
The criminal object is minor, elderly, disabled, etc., which can increase below 20%of the benchmark punishment
The new version of the "Implementation Rules" has a heavy punishment for specific criminal objects, crime time, etc., especially in depth. In particular, it is in line with the special protection requirements for special protection for groups such as minors and elderly people. In the case of common quantitative sentences, such as clearly grasping the width of severe crimes such as crimes against evil forces, severe violent crimes, drug crimes, and sexual assault minors. For intentional crimes during the disaster during major natural disasters, prevention, and controlling sudden infectious diseases. Under 20%. In a crime circumstances, if the fundraising participants in the crime of fundraising fraud are mainly for the disabled, the elderly, or the loss of labor ability, it can increase 20%of the benchmark punishment, providing standardized support for the strict cracking down on the crime of pension fraud.
In addition, the new version of the "Implementation Rules" clarifies the specific criteria applicable to criminal sentence. According to the "Criminal Law", at the same time, the masses reflect the strong issues of comprehensive judgment and set the corresponding conditions. The disadvantages of the elderly, the disabled, and pregnant women are generally not available for susability.
*Effectively reflect the width side
If you take the initiative to surrender, you can reduce the below 40%of the benchmark punishment from the width
The new version of the "Implementation Rules" In the common penalty plot, it is clear that the fact that the criminal facts and the perpetrators have not been discovered by the case that the perpetrators are noticed.The case of the case of the case is found that the active surrender of the case can reduce the benchmark sentence of less than 20%.Several situations that can be convicted for exemptions that are concluded in specific situations for crimes of minors.In a crime of crime, in the crime of clearing theft, "those who took the initiative to put the stolen goods back to the original place or return the victim before the incident, reducing less than 30%of the benchmark punishment" and so on.Chengdu Daily Jinguan News Reporter Chen Di Editor He Qixie Editor Liu Yonghao Picture Chen Di
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