Traffic accident crimes should not be excessive The application of probation and sabotage of electrical equipment should include the creation of additional assets. Penalty comments Shortly before, when the author and a judge of a basic-level court chatted, it was learned that in recent years, the traffic accidents handled by a court in a certain place were very serious. Part of the trial was applied to probation. Since 2003, of the 108 traffic accidents handled by the courts of a county in northern Jiangsu Province, 97 have applied probation to the perpetrators, accounting for 89.8% of the total number of such crimes. By looking at the relevant materials, I believe that a considerable number of these cases are applicable. Probation is appropriate and worth discussing. The author believes that it is inappropriate to apply probation to excessive traffic accident suspects.
First of all, judging from the applicable conditions of probation prescribed by the criminal law. One of the conditions for China’s criminal law to apply probation is that it can only be applied to criminals sentenced to criminal detention and imprisonment of up to three years. For those who fled after the accident or have other particularly bad circumstances, as well as death caused by escape, they must be sentenced to more than three years in prison. In some local judicial officers, there is a one-sided understanding that the crime of traffic accidents is a crime of negligence. As long as the perpetrators basically compensate the victim’s family for economic compensation, they can be arrested without imprisonment or sentenced. . Even for some criminals with other particularly bad circumstances, they were sentenced to three years imprisonment and applied probation.
Second, from the point of view of the crime and punishment principle determined by the criminal law of our country. The Principle of Adaptation to Crime and Punishment is one of the basic principles of China's criminal law. Its core content is the size of the social harm of the crime and is an important basis for determining the severity of penalty. Although probation is not a penalty, we can see from the actual effect of probation that it is a system that imposes a criminal penalty for a certain penalty, and that, if it has legal conditions, it will not conditionally execute the original sentencing penalty. To a certain extent, it is a light treatment. The crime of traffic accident He Qi Wu Yanchun is a criminal case that endangers social and public safety. The social harm is very serious. If we fail to see this, we cannot strictly grasp the conditions for application of probation, and excessively apply probation. This leads to judicial injustice, but also reflects the principle that crimes and punishments are equivalent and crimes and punishments are compatible.
Third, from the perspective of the social effects of the application of probation for such crimes. For such crimes, according to the provisions of articles 118 and 115 of the Chinese Criminal Law, if the crime of damaging electric power equipment has not caused serious consequences, the penalty shall be three years or more and ten years or less; this will result in serious consequences. They shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. In this article, there is no property penalty for the crime. The author believes that in view of the increasing number of crimes that destroy electric power equipment in China, which seriously affects production and order of life, the provisions of the current criminal law can no longer meet the needs of cracking down on crimes. Therefore, it is recommended that additional assets be punished for the crime of damaging electric power equipment for the following reasons: First, from According to the characteristics of the crime of destroying electrical equipment, the motive of crime is to greed for money and pursue interests. Criminals often sell stolen power equipment as scrap, and the proceeds are spent for squandering and satisfying their personal desires. Therefore, penalties must be targeted to punish the crime of damaging electric power equipment. Providing for additional property penalties is conducive to cracking down on criminal elements while penalizing unlawful economic interests. Objectively speaking, probation is more likely to produce the following types of crimes. Negative effects. First, the incidence of such cases has continued to rise in recent years. Lax penalties, poor combat, and poor prevention are important reasons for this phenomenon. The second is that the criminals who have paid compensation are more likely to apply probation. It is easy for some people to have a traffic accident. It is not a matter of making mistakes as long as they lose money. This makes the general public have doubts about the seriousness of criminal law in China. The third is the excessive application of probation to such crimes. The feelings of the victims and their family members are also a kind of harm and do not achieve the desired soothing effect.
The People's Procuratorate) Liu Chuntao weakens his ability to commit crimes.
Second, the addition of property penalties is required for social relief. As the criminals destroy the power equipment that is being used, including public equipment used for power generation and power supply, such as wires, transformers, and transmission equipment, the public and private properties have suffered heavy losses. Repairing equipment requires a lot of money, and criminals are subject to property punishment, which is a kind of compensation for society.
Third, the addition of property punishment can better reflect the purpose of criminal law legislation. The stipulation of the property penalty for the crime of destroying electrical equipment embodies the principles of adaptability to crimes, does not make criminals economically cheap, and at the same time deprives them of the material capabilities on which they rely on criminal activities, so as to achieve the purpose of crime prevention.
For this reason, the author proposes to amend Article 118 and Article 109 of the Criminal Law to explicitly provide for an additional penalty of “penalty or confiscation of illegal proceeds†after the principal sentence.
PRO-CHARGER CO., LTD. (VICTOR HERO HOLDINGS LTD, TIME VALUE LTD.) , https://www.pro-chargerco.com