“量刑起点”、“基准刑”、“量刑情节”名词的说明及有意伤害罪量刑细则(国外英文资料).docVIP

“量刑起点”、“基准刑”、“量刑情节”名词的解释及故意伤害罪量刑细则(国外英文资料) The interpretation of the starting point of the sentence, the base sentence, the term sentencing plot and the detailed rules for the punishment of intentional injury The starting point of sentence: refers to the criminal law which shall be sentenced to the basis of the basic crime of a specific crime. 2, benchmark punishment: refers to the outside does not consider crime constitution fact under the condition of all kinds of legal and discretionary circumstances, according to the basic criminal facts of a crime and the amount of crime, crime number, consequences and other condition affecting the general with the facts of the crime constitution should be sentenced by the criminal law. The base sentence consists of two parts: the beginning of the sentence and the amount of punishment that should be increased. 3, sentencing plot: refers to in a certain behavior under the premise of already constitute a crime, the criminal discretion of punishment should be considered when, which determine sentencing punishment or be exempted from punishment or situations. Sentencing circumstances including crime subject of sentencing circumstances such as: minor crime, the elderly crime, limited capacity of the mental patient crime, deaf and dumb people crime or a crime of the blind; It also includes the criminal form of the sentencing plot: such as defensive overuse, risk aversion, criminal preparation, attempted crime, criminal suspension, etc. It also includes the decision on the criminal status of the defendant, the role of the sentencing plot such as the main criminal, the offender, the offender from the crime, the instigator and so on. For example: the punishment of intentional injury (the court is in hunan province) 1, legal punishment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance of sentencing starting point is: one minor injuries, can be in the six months to a year