1. Added provisions to take care of the elderly over 75 years old and minors, reflecting humanitarianism. 2. Major changes have been made to the combined punishment for several crimes, commutation of sentence, restriction of commutation and the number of years on parole. 3. Increase the punishment of ringleaders of criminal groups. 4. The new criminal law concept of “community correction” was introduced. 5. Speed ??racing, drunk driving, and malicious non-payment of wages will be criminalized, reducing the number of uncommon death penalty crimes.
What are the main contents of the Eighth Amendment to the Criminal Law?
my country’s criminal law has been continuously revised since its formulation. With the development of society, our country’s laws are also constantly being improved and sound. The eighth amendment to the criminal law is the one with the most changes among the amendments to the criminal law. So what does the eighth amendment to the criminal law mainly involve?
What does the eighth amendment to the criminal law mainly involve?
1. Added The provisions for taking care of the elderly over 75 years old and minors reflect humanitarianism
(1) If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or reduced punishment; if he commits a negligent crime, he shall be given a lighter punishment. light or mitigated punishment.
(2) The death penalty shall not apply to persons who have reached the age of seventy-five at the time of trial, except where death is caused by particularly cruel means.
(3) If a criminal who has been sentenced to a penalty of fixed-term imprisonment or above commits another crime within five years after completing the execution of the sentence or being pardoned, he is a recidivist and shall be severely punished. However, Exceptions are made for negligent crimes and crimes committed by persons under the age of 18.
(4) For criminals who have been sentenced to criminal detention or fixed-term imprisonment of less than three years and meet the following conditions, they may be suspended. Those who are under the age of 18, pregnant women and those over seven years old may be suspended. A person who is fifteen years old should be sentenced to probation:
1. The crime is relatively minor;
2. Shows repentance;
3. No further crime Dangerous;
4. The suspended sentence will have no major adverse impact on the community where you live.
2. Major changes have been made to the concurrent punishment of multiple crimes, commutation, restriction of commutation, and the number of years on parole
(1) If a person commits several crimes before the judgment is pronounced, the sentence shall be Except for the death penalty and life imprisonment, the sentence should be less than the total sentence and more than the highest among the several sentences. The sentence to be executed shall be determined as appropriate. However, the maximum term of public surveillance cannot exceed three years, the maximum term of criminal detention cannot exceed one year, and the total term of fixed-term imprisonment is less than 35 years. If the total sentence is more than 35 years, the maximum sentence cannot exceed 25 years.
(2) If the death penalty is suspended, if no intentional crime is committed during the suspended period, the sentence will be commuted to life imprisonment after the expiration of the two-year period; if there is indeed a major meritorious service, the sentence will be reduced to life imprisonment after the expiration of the two-year period. , commuted to a fixed-term imprisonment of twenty-five years; if the crime is intentional and proven to be true, the death penalty shall be approved by the Supreme People's Court.
For repeat offenders who have been sentenced to death with a suspended execution, and criminals who have been sentenced to a suspended execution for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes, the people's The court may decide to limit or reduce the sentence at the same time based on the circumstances of the crime and other circumstances.
(3) The actual term of the sentence after commutation shall not be less than the following period:
1. If sentenced to public surveillance, criminal detention, or fixed-term imprisonment, it shall not be less than half of the original sentence. 1;
2. If sentenced to life imprisonment, it shall not be less than thirteen years;
3. Criminals whose death penalty is suspended and whose execution is suspended due to restrictions imposed by the People's Court on commutation shall be punished according to law after the expiration of the suspended period. If the sentence is reduced to life imprisonment, it shall not be less than 25 years. If the sentence is reduced to 25 years of fixed-term imprisonment in accordance with the law after the expiration of the suspended execution period, the sentence shall not be less than 20 years.
(4) Criminals who are sentenced to fixed-term imprisonment shall serve more than half of the original sentence, and criminals who are sentenced to life imprisonment shall serve more than thirteen years. If they conscientiously abide by prison regulations and receive education If the offender is reformed, shows true repentance, and is not in danger of committing another crime, he may be paroled. If there are special circumstances, with the approval of the Supreme People's Court, the above restrictions on the execution of the sentence may be waived.
3. Increase the punishment of ringleaders of criminal groups
(1) Criminals who commit crimes endangering national security, crimes of terrorist activities, and organized crimes of a mafia nature will not be punished until the execution of their punishment Anyone who commits any of the above-mentioned crimes at any time after completion or pardon will be treated as a repeat offender.
(2) Suspended sentences are not applicable to recidivists and ringleaders of criminal groups.
Four. The introduction of the new criminal law concept of "community correction"
(1) Sentences of control can be based on the circumstances of the crime and prohibit criminals from engaging in specific activities during the execution period. Enter specific areas, places, and come into contact with specific people. Community corrections are implemented in accordance with the law for criminals sentenced to public surveillance.
(2) When declaring a suspended sentence, the criminal may be prohibited from engaging in specific activities, entering specific areas and places, and coming into contact with specific people during the probation period based on the circumstances of the crime. Criminals sentenced to probation shall be subject to community corrections in accordance with the law during the probation period.
(3) For criminals on parole, community corrections shall be implemented in accordance with the law during the parole trial period.
5. Speed ??racing, drunk driving, and malicious wage arrears will be punished, reducing the number of uncommon death penalty crimes
(1) Driving a motor vehicle to chase and race on the road, the circumstances are egregious, or Anyone who drives a motor vehicle drunk on the road shall be detained and fined. If the conduct in the preceding paragraph is committed and constitutes other crimes at the same time, the offender shall be convicted and punished in accordance with the provisions on heavier penalties.
(2) Avoid paying workers’ labor remuneration by transferring property, escaping, etc. or failing to pay workers’ labor remuneration when they have the ability to pay, if the amount is relatively large, and still fail to pay after being ordered to pay by the relevant government departments If serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than three years and criminal detention, and concurrently or solely with a fine; if serious consequences are caused, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined.
(3) Appropriate reduction of death penalty crimes: Cancel the death penalty for 13 economic, non-violent crimes that have been less or almost never applied in recent years. Specifically: the crime of smuggling cultural relics, the crime of smuggling precious metals, the crime of smuggling precious animals and precious animal products, the crime of smuggling general goods and articles, the crime of bill fraud, the crime of financial voucher fraud, the crime of letter of credit fraud, and the crime of falsely issuing special value-added tax invoices, using Crimes of defrauding export tax rebates and deducting tax invoices, forging and selling forged special value-added tax invoices, theft, teaching criminal methods, robbing ancient cultural sites and ancient tombs, and robbing ancient human fossils and ancient vertebrate fossils. . The above 13 death penalty crimes to be abolished account for 19.1% of the total number of death penalty crimes.