Property crime should be added for the crime of destroying electric equipment
Traffic accidents crimes should not be too much to apply for probation and damage to power equipment. The crime of adding property punishment should be added. Not long ago, the author and a judge of a grass-roots court learned from the chat that in recent years, the traffic accident cases handled by certain courts have been very large. Part of the trial was applied to probation. Since 2003, 97 of the 108 traffic accidents handled by a county court in Northern Jiangsu have applied probation to the perpetrators, accounting for 89.8% of the total number of such crimes. By reviewing the relevant materials, the author believes that a considerable number of cases apply. Whether probation is appropriate is worth discussing. The author believes that it is not appropriate to apply probation to suspected traffic accidents. First of all, from the conditions applicable to the probation provided by the Criminal Law. One of the conditions for the application of probation in China's criminal law is that it can only be applied to criminals sentenced to criminal detention and imprisonment of up to three years. For those who escape after the accident or have other particularly bad circumstances, as well as those who die due to escape, they are sentenced to more than three years in prison. There is such a one-sided understanding among judicial personnel in some places that the crime of traffic accident is a crime of negligence. As long as the perpetrator’s compensation for the victim’s family is basically in place, he can not arrest the person, not accept the prison, and not accept the punishment. . Even some criminals with other particularly bad circumstances are sentenced to three years in prison and the probation is applied. Secondly, from the perspective of the principle of adapting crimes and punishments determined by China's criminal law. The principle of adapting crimes and punishments is one of the basic principles of criminal law in China. Its core content is the degree of criminal social harm, and it is an important basis for determining the severity of punishment. Although probation is not a kind of penalty, we regard from the actual effect of probation, it is a system for criminals who have sentenced certain penalties to impose a penalty in a certain period of time under certain legal conditions. To a certain extent, it is a light treatment. Traffic accidents, He Qi, Wu Yanchun crime is a crime that endangers public safety. Its social harm is quite serious. If we do not see this, we cannot strictly grasp the applicable conditions of probation, and apply probation too much. It leads to injustice in the judiciary, and it does not reflect the principle that the crime is equivalent and the crime is compatible. Third, from the perspective of the social effects of probation for such crimes. Such crimes shall be in accordance with the provisions of Articles 118 and 119 of the Criminal Law of the People's Republic of China. If the crime of destroying electrical equipment has not caused serious consequences, it shall be sentenced to fixed-term imprisonment of not less than three years and less; More than ten years in prison, life imprisonment or death penalty. In this law, no property penalty is imposed on the crime. The author believes that in view of the increasing crimes of destroying electrical equipment in China, which seriously affects the order of production and life, the provisions of the current criminal law can no longer meet the need to combat crime. Therefore, it is recommended to add property punishment for the crime of destroying electrical equipment for the following reasons: First, from Judging from the characteristics of the crime of destroying electrical equipment, the motive of crime is to seek money and pursue interests. Criminals often sell stolen electrical equipment as waste, and the proceeds are used to squander and satisfy individual desires. Therefore, penalties must be targeted at punishing the crime of damaging electric equipment. It is stipulated that the additional property punishment is conducive to the punishment of criminals, while the illegal economic benefits obtained by them are punishable. From the objective use of probation, it is easy to produce the following Negative effects. First, the incidence of such cases has continued to rise in recent years. The penalties are not strict, the crackdown is not effective, and the poor prevention effect is an important reason for the above phenomenon. Second, for the criminals who have received compensation, the probation is more likely to be applied. It is very easy for some people to have traffic accidents. The wrong idea of ​​losing money is to make the masses doubt the seriousness of our criminal law. The third is that the probation is too much for such crimes, and the feelings of the victims and their family members are also a kind of harm, which does not have the comforting effect. People's Procuratorate) Liu Chuntao weakened his ability to commit crimes. Second, the addition of property punishment is needed for social relief. Because criminals are destroying the electrical equipment being used, including public equipment used to generate electricity and power, such as electric wires, transformers, transmission equipment, etc., the public and private property suffers heavy losses. Repairing equipment requires a lot of money, and it is a kind of compensation for the society to impose criminal punishment on criminals. Third, the addition of property punishment can better reflect the purpose of criminal law legislation. The crime of destroying power equipment stipulates that the property punishment embodies the principle of adapting crimes and punishments, does not make criminals occupy the economy economically, and at the same time deprives them of the material ability on which to carry out criminal activities, thus achieving the purpose of crime prevention. To this end, the author proposes to amend Articles 118 and 119 of the Criminal Law, and clearly stipulates that the additional penalty of “and fines or confiscation of illegal income†is added after the main sentence. Brushed Twill Shirt Jacket,Twill Shirt Jacket,Faux Leather Jacket,Check Lapel Jacket Taizhou Osley Garments Co.,Ltd , https://www.osleyapparel.com