On The Victim’s Fault Impact On Sentencing

In criminal cases, especially in cases of violent crime victims exist, some of thevictims are innocent, the victim is completely, while others are victims of victims at faultin the process of handling cases seriously consider the victim’s fault for plot sentencing incriminal cases is significant. About the victims are mainly the fault of the doctrine ofshared responsibility and a duty to condemn said that the common view of the twotheories are considered in the presence of fault among the victims of a criminal case, theoffender should be given a lighter or mitigated punishment.Victim impact on sentencing fault this episode is very important, many foreigncountries have legislation and judicial practice clearly defined the victim is at fault shouldbe considered when sentencing perpetrators of crimes to take a lighter or mitigatedsentencing. This article cites two cases in the system and a contrast to the image of theline to the interpretation of this issue. One of these two cases is intentional homicide,intentional injury to another case, both of which are typical of violent crimes are oftenencountered in the practice of criminal justice, as discussed under the victims fault. Inthe case of one victim is not at fault, there is no fault in the case of the second victim,comparison, can be clearly identified victims fault manifestations and produce fashionvictim fault according to the theory, which in the case of criminal finds more reasonableand fair. Discuss a range of issues in the case of fault of the victim, when combined withtheoretical knowledge, the fault of the victim ’s relationship with the perpetrator andvictim characteristics and the type of fault to make combing and analysis, taking intoaccount the victim ’s fault dangerousness of the offender and look forward to thepossibility, so that you can better know and understand the fault of the victim impactsentencing.In China ’s judicial practice, only a few cases of obvious fault of the victim will befully considered in sentencing when the victim ’s fault that discretionary sentencing,most of the time is to rely on the discretion of the judge, which is obviously the victim isunjust the. Since the fault of the victims of this plot is to reduce criminal offenderconditions, it should be well suited in the case, the fault of the victim should be madestatutory discretionary circumstances, so that both objective and recognize the merits, but also on the discretion of the judge to make a good limit, in order to better identify theperpetrators of criminal responsibility, their conviction and sentencing to make a fair andimpartial.