The Understanding And Applying For The Article 37 Of The Criminal Code

In recent years, freedom from criminal punishment become more and more attention in the practice of criminal justice. This paper try to undertake some analysis on that the article 37 of China's Criminal Law can or not apply directly in Specific crime by a transformed robbery. This text is about twenty thousand words and is divided into four parts except the introduction:The first part analyzes the basic facts of Wu robbery's case for grasping the whole case and pave the way for later analysis.The second part analyzes the focus of controversy in the two cases: First, China's Criminal Law Article 37 can directly apply to a crime in the sub; the second is transformed robbery can be exempted from criminal punishment.The third part states the controversy and differences of opinion of the case . After induction of transformed robbery and the provisions of criminal penalties, the Article 37 of Criminal Law is directly applicable to sub-crime in a different point of view were analyzed, in view of the theory to refute the negative on the basis of certain ideas on the improvement of problem that should be refined in excess of theoretical analysis and assumptions, to fully understand the reality of the huge demand from criminal punishment; should be refined in specific circumstances penalty fully understand the conviction and pardon exists between the conviction sentence of "poor quality. Furthermore, with Wu robbery, robbery transformed from the "minor crimes" and sentence identification of the need to grasp two aspects of the transformed robbery can be exempted from criminal punishment, to analyze and that the circumstances of the crime minor crime generally refers to the subjective, objective, three main aspects of the plot are relatively minor; if the perpetrator of the crime in the criminal process and reflected around the low level of subjective guilt, Dangerousness small, the penalty does not apply of punishment, but also to achieve the effect of preventing the recurrence of crime, consideration should be exempted from criminal punishment as much as possible, to reflect the last resort of the applicable penalty.The fourth part is the conclusions of the study. Certainly the Criminal Code in Article 37 can be applied directly in the sub on the basis of a crime, that, while Wu's actions in the case constitutes a robbery, but take the whole case into account, his crimes are minor, less subjective guilt, less dangerousness, the criminal punishment is not applicable to this case,.but can achieve the effect of preventing the recurrence of crime, so it should be freedom from the criminal punishment.