A Study On The Point-Sentencing-Recommendation In Joint Crime Cases

Sentencing recommendation,is the key content of the leniency system for pleading guilty and accepting punishment and has been a hot topic in the field of procedural law and practice in recent years.The application of the leniency system for pleading guilty and accepting punishment has yet not developed to a mature stage,let alone the application of point-sentencing-recommendations.Plenty of problems still need to be solved urgently.The complexity of joint crime cases raises a higher challenge to the application.The topic of this paper is centered on the point-sentencingrecommendations in joint criminal cases.By adopting research methods such as investigation research method,literature research method,and empirical analysis method,the author has discussed the practical problems of point-sentencingrecommendations in joint crime cases,combined with the characteristics of joint criminal cases and the characteristics of point-sentencing-recommendations,trying to put forward corresponding countermeasures.The first chapter of this paper is an overview of the point-sentencing-recommendation,firstly reviewing the origin of sentencing recommendation and the emergence of point-sentencing-recommendation,then expounding the concept of the point-sentencing-recommendation and the two attributes of point-sentencing-recommendation,namely legality and rationality,and finally introducing the application of point-sentencing-recommendations in joint crime cases.The second chapter is the particularity and necessity of point-sentencingrecommendations in joint crime cases.Firstly,it expounds the characteristics of joint crime cases that are different from single crimes,including the possible differences in the confession facts,repentance attitudes,expectations and acceptance of sentencing recommendations,etc.and then the merger and separation of cases may occur.Secondly,this chapter introduces the necessity of point-sentencing-recommendations in joint crime cases,which is conducive to achieving the accuracy and balance of sentencing recommendations for accomplices,enhancing accomplices’ anticipation of punishment,improving the stability of accomplices’ confession and acceptance of punishment,and enhancing the efficiency of the joint crime case litigation process.The third chapter is about the practice of point-sentencing-recommendations in joint crime cases.From this chapter,it comes to the main content of this paper.The first research problem in this chapter is the complexity of the factual basis for sentencing recommendations for accomplices.On the one hand,it is necessary to accurately grasp the accomplice intention in different links of the criminal chain and comprehensively grasp the status and role of the accomplice.On the other hand,it is necessary to accurately identify the facts in the context of multiple accomplices’ defense,shirking one’s responsibility and taking others’ responsibility,in combination with objective evidence.The second research problem in this chapter is the ambiguity of the legal basis for sentencing recommendations for accomplices,which includes both the limited nature of the crimes stipulated in the sentencing guidelines in the substantive law,and the generality of the division of cases that affects the balance of sentencing in the procedural law.The third research problem in this chapter is the insufficiency of the negotiation process of sentencing recommendations for accomplices.The influencing factors include the differentiation of attitudes of accomplices under the issue of litigation costs,the limited defense space for defense lawyers,and the increased resistance to independently claiming light guilt and innocence.The fourth chapter is the suggestion for the pointsentencing-recommendation in joint crime cases.In response to the three issues raised in the previous chapter,this chapter puts forward suggestions one by one.First,by strengthening the awareness of prosecutors’ leading responsibility,and clarifying the boundaries between educational transformation and excessive inducement,the factual basis for sentencing recommendations for accomplices should be clear and accurate.Secondly,the crimes stipulated in the sentencing guidance should be expanded,and the division of cases rules in the litigation law should be refined,so as to improve the legal norms related to sentencing recommendations.Finally,in order to standardize sentencing consultations in joint crime cases,it is necessary to clarify the form and substantive requirements for notification of rights and hearing opinions,and at the same time ensure independent defense and effective defense at the trial stage influencing sentencing consultations in the review and prosecution stage.This paper hopes to attract more researchers to pay attention to the intersection of joint criminal cases and the point-sentencing-recommendations,so as to provide some reference for judicial practice and future legislative work.