The Supreme Law minors, elderly criminals can be lenient – Beijing on parole-onavo protect

The Supreme Law: minors, elderly criminals on parole may be lenient – Beijing, Beijing, November 15, the highest of trial supervision tribunal Xia Daohu said today that the "criminal law" provisions of the social harm is not, relatively lesser offenders, as well as on juvenile offenders, criminals, suffering from senile the disease or disability in criminal offenders, parole is also considered appropriate leniently. Supreme People’s court today held a press conference to introduce the Supreme People’s Court on the commutation, parole case specific application of the provisions of the law, the main content. A reporter asked: we have noticed that the latest version of the judicial interpretation of parole made a lot of new regulations. Based on what kind of consideration?" Xia Daohu introduced the commutation system and parole system is a "criminal law", "Criminal Procedure Law" in the provisions of the two basic criminal law enforcement system changes, is characteristic of the parole system, for criminal imprisonment and life imprisonment in the implementation of a certain sentence after the true repentance, not as for the further harm to society, or that there is no risk of re offending, for these criminals can be conditionally released. The basic difference between parole and commutation lies in the fact that after parole, the criminals return to the society, which is a conditional release in advance. Parole commutation is more conducive to the early return to society than offenders, but also to promote the positive transformation of criminals. Xia Daohu said that the implementation of the parole system in China is not very good situation, a long time to occupy the absolute advantage of commutation, parole application is relatively small, some provinces and even a year without a case. It is a pity that such a good system of parole has not been fully used in practice and has not played a positive role. In other countries, the application of commutation is less and less, and parole application is a general trend. Xia Daohu said, according to our country’s judicial practice, now has more realistic conditions for the application of parole, such as community correction system has been established in general, in some places to develop quickly. In the judicial interpretation, we advocate to expand the application of parole, embodied in two aspects: the first is for those who also have statutory commutation conditions and meet the conditions of parole legal, we advocate the priority for parole, which is a value choice. The two is on the specific criminal, when we apply for parole according to the law leniency master, which is mainly reflected in the two types of criminals, one is the "criminal law" provisions of the social harm is not, relatively lesser offenders, such as stress, make excessive defense and necessity when the light punishment commit. The second category is the humanitarian spirit, on juvenile offenders, elderly criminals, criminals suffering from the disease or disability in criminal parole are appropriate leniently consideration, especially for more than 80 years of age the criminals, no harm to society, life is difficult to self, and suffering from the disease, we master the lenient in the application of parole. Xia Daohu said, we want to use these provisions of the judicial interpretation to promote judicial practice department more applicable parole, to better promote the transformation of criminals, more conducive to the harmony and stability of our society.相关的主题文章: