On The Influence Of Repentance In Criminal Justice

Though not expressly defined in the Criminal Law, demonstration of repentance is recognized by the Criminal Law and is applied in sentencing. It can be a reflection of a criminal’s degree of personal danger. When sentencing, judicial organization can, based on the subjective and objective situation concluded in light of criminal legislative spirit, relevant criminal policies and social ethics, take demonstration of repentance as a factor of consideration. In judicial practices, demonstration of repentance is a discretional sentencing circumstance which is mostly ignored. Demonstration of repentance indicates a criminal’s personal danger has already reduced, thus a response to the demonstration of repentance is needed when sentencing. Though it is indubitable for demonstration of repentance’role in embodying a judge’s discretionary power, there are many problems in the provisions and applications regarding to demonstration of repentance in actual judicial practices. Hence, it is necessary to probe into it. Crystallization and rational application of demonstration of repentance is better for it to play a positive role in sentencing and for the realization of equalization and humanization of sentencing. Meanwhile, it will help criminals to reform and encourage them to return to society, realizing fair and justice of laws. The paper focuses on the repentance of ignored discretionary circumstance.Among them, the suspension behavior, surrendered behavior, frankly behavior and meritorious conduct were legislated. So they are not discussed in this paper.The first part mainly discusses about influences of demonstration of repentance on the current criminal judicial activities. It starts with different forms of demonstration of repentance affirmed in judicial practices and introduces all the forms arose in practices. Then, it further analyses demonstration of repentance’s legislation inadequacies and judicial defects, which lead to its failure to exert influences on sentencing. Meanwhile, it lists different attitudes toward demonstration of repentance in judicial practices.The second part mainly discusses about the theoretical value of demonstration of repentance. The writer demonstrates the theoretical value of demonstration of repentance from three aspects, namely, the relation between demonstration of repentance and personal danger, the relation between demonstration of repentance and the aim of criminal punishment and the relation between demonstration of repentance and the modesty and restriction of the Criminal Law, highlighting the legitimacy of demonstration of repentance in balancing criminal punishment in the process of sentencing.The third part discusses about how to carry out the influence of demonstration of repentance on criminal judicial activities. Regarding to its important theoretical value, it is critical as to how to carry out demonstration of repentance’s influence. In this part, the writer gives out the solution. That is to legalize some demonstration of repentances and to establish guidance of preceding cases about demonstration of repentances.