The Supreme Law the implementation of the performance of the property as a factor in the commutation lformat

The Supreme Law: property performance as commutation sentenced factors – Beijing Beijing in November 15, the Supreme People’s court trial supervision court vice president Tang Wei said today, "the Supreme People’s Court on handling commutation, parole provisions" case concrete application law will be effective judgment in the performance of the property to the situation as one of the comprehensive study of mitigating factors can. If the criminal has the ability to perform and do not perform or not perform all, should strictly apply commutation, commutation and parole or not 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. A reporter asked: "there is something about how to improve the related mechanism of property and sentenced to the commutation parole problem in judicial practice, the new judicial interpretation of what the new regulations in this regard, why?" Teng Wei said that China’s criminal law, there are more than and 200 charges can be alone or can choose to apply for property punishment, property punishment and freedom of punishment, are criminals should be punished. In judicial practice, the implementation of property punishment is more difficult, and the implementation of incidental civil compensation obligation. In order to better regulate the work of judicial interpretation in 2012 on whether the criminals actively fulfill property punishment and civil compensation in incidental obligation of these property sentenced as commutation and parole when considering the case severely or leniently, to encourage criminals to take the initiative to fulfill the obligations of contracting property. After the implementation of the judicial interpretation in 2012, the initiative of the criminal to consciously fulfill the property penalty, the number of passengers and the amount of initiative to increase significantly, maintaining the seriousness of the criminal judgment. Teng Wei stressed that the new judicial interpretation on the basis of the provisions of 2012, will take effect in the judgment of the performance of the property as one of the factors that can be commuted comprehensive investigation. If the criminal has the ability to perform and do not perform or not perform all, should be strictly applicable or not commutation, commutation and parole, increase the provisions of the implementation should be transferred to the court delivered the criminal property sentenced to execution performance, increase the provisions of criminal penalty execution in consciously fulfill property situation report to the executive organs sentenced to punishment the obligation to increase provisions of commutation and parole court can be sentenced to perform the property of verification to the original implementation of the court, is responsible for the increase of commutation and parole, the court, the property can help to implement effective judgment in judgment, these Regulations are of great significance for specific problems in practice. Teng Wei said that the implementation of the performance of the property at present there are still many problems to be resolved, we will continue to sum up in the future judicial practice, and constantly improve.相关的主题文章: