The supreme law on commutation parole new judicial explanation the combination of leniency and stric-9c8947

The highest law on the commutation and parole new judicial interpretation: leniency is better – Beijing, Beijing, November 15, the Supreme People’s court held a press conference today, the "Supreme People’s Court on handling commutation, parole case concrete application law provisions" of the main content. The Supreme Court Trial Supervision tribunal Xia Daohu said today that the introduction of judicial interpretation and judicial interpretation in 2012 compared to more scientific and complete, showing three prominent characteristics. First, the full implementation of the criminal policy of temper justice with mercy, according to the law of the wide, we are fully reflected in the commutation, parole relevant provisions, for serious crimes, we design the corresponding provisions to be strict. This is a very prominent feature of judicial interpretation. Second, the design of the system is more scientific and reasonable, reflected in the following three aspects: first, the commutation of the conditions to do a scientific adjustment, including the commutation of the starting time, the interval time of commutation, the magnitude of the commutation, etc.. The basic elements of the commutation, the basic structure, the corresponding adjustments made by scientific calculation, to solve the problem of excessive commutation, the actual execution time is short of these outstanding issues. The two is more overall, the new more than and 20 articles, mainly on the commutation and parole norms from the entity, the universal concern of the past is not standardized, the need to regulate, society, and past practice standards are not unified, be clear. To solve the problem that the scale of judges and law enforcement standards are not uniform. Three is to delete some of the procedural provisions of the past judicial interpretation. Third, more operational, in order to promote commutation, parole trial substantive laid a solid foundation. The case of commutation and parole proceedings is different from that of other ordinary criminal cases, ordinary criminal cases with the prosecution counsel, we can, the burden of proof in court, can reply, you can debate. But the commutation and parole cases by the penalty enforcement authorities to report to the end of the program, is the first instance. Based on these characteristics, in the past, this kind of cases have some form of trial. The new judicial interpretation, the commutation and parole conditions of the real, the real elements, such as the creation of major meritorious criminals how to identify? Now it is necessary to be based on criminals, or independent, the results must be confirmed by the competent authorities of the state. Another example is the property judgment, judgment of criminal property, the stolen money recovered, including incidental obligation of compensation and how these contents of commutation and parole? We stipulate that if we are capable of carrying out these property judgments and not performing them, or not all of them, we shall not only be strict, but also be free from commutation and parole. Commutation parole at the time, how to determine whether the offender in the end there is no property of the judge, the implementation of how, in the end did not, in what stage of the implementation, there are some practical needs of the operation.相关的主题文章: