Research On The Prohibition Of Repeated Evaluation In The Circumstances Of Bribery Crime

The "Criminal Law Amendment(9)" establishes a legislative model in which the amount and circumstances of bribery crimes are juxtaposed,and the "amount plus circumstances" conviction and sentencing standards are targeted at the "two highs" "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery" The specific circumstances of the conviction and sentencing for the crime of accepting bribes are stipulated.However,the connotation of the plot in the judicial interpretation is relatively vague,and there is the possibility of repeated evaluation of the plot in judicial application.This article uses4627 judgment documents as analysis samples,and screens out relevant cases by searching for plot keywords such as “repeating bribes” and “seeking illegitimate benefits”.The table is used to distinguish between cases with repeated evaluations and cases without repeated evaluations.Contrast between the two,sum up the chaos of repeated evaluations of the crime of accepting bribes,put forward "multiple requests for bribes aggravated" and "requests for bribes","seeking benefits for others" and "seeking improper benefits for others",criminal plots and "repetitious offenses",There is a phenomenon of repeated evaluation in the five groups of relationships between "causing a bad social impact" and other circumstances,and the circumstances that affect the determination of the number of crimes.In-depth analysis of the reasons for the phenomenon of repeated evaluation of the circumstances,and proposes to distinguish the different functions of the circumstances in conviction and sentencing in judicial application.The conviction scenarios shall not be included in the sentencing evaluation system again;for sentencing scenarios with overlapping connotations,they should be selected according to the degree of harm embodied in the behavior,such as "requests for bribes repeatedly" and "requests for bribes" can only be based on the number of acts Distinguish and choose one to apply;in the process of determining the number of crimes,the circumstances that have already played a conviction role in one crime shall not be included in the sentencing system of another crime.