The Impact Of Sentencing Circumstances Of Traffic Accident Crimes On The Application Of Suspended Sentence

For criminal crime,traffic accident crime is a common crime type in practice.The trial of traffic crime is usually held in grassroots courts.Due to the particularity of traffic crime,many defendants of traffic crime will be sentenced to a suspended sentence to highlight our criminal law policy of temper justice with mercy.This paper mainly aims at two cases in which the criminal charges are the same and the criminal circumstances are very similar in the criminal practice.There are two different judgment results,that is,one applies probation,the other does not apply probation.In view of this phenomenon,it focuses on analyzing the influence of sentencing circumstances on the application of probation,and clarifies the differences of different sentencing results,so as to better meet the requirements of criminal legal norms when applying probation in criminal trials in the future.Whether the defendant of traffic accident applies probation mainly depends on the consideration of the defendant’s sentencing circumstances.However,there is a great difference between the consideration of the statutory sentencing circumstances and the discretionary sentencing circumstances in the concrete application process of probation.For the crime of traffic accident,the statutory sentencing circumstances include surrender circumstances and escape circumstances,while the discretionary sentencing circumstances include the perpetrator’s means of crime,the offender’s consistent performance,and the behavior before,during and after the crime.The author believes that although the crime of traffic accident is a negligent crime,it cannot outweigh the harmfulness of intentional crime.Therefore,probation should be applied cautiously,rather than blindly and arbitrarily,so as to erase the seriousness and deterrence of criminal law.In addition,the presiding judge should be more prudent and take into account the full circumstances of the crime in sentencing the defendant when he applies a suspended sentence to a defendant who escapes and causes death.Taking Zhang’s traffic accident case and Yu’s traffic accident case as the entry point,aiming at the confusion of the application of probation in criminal practice and the public’s misunderstanding of the application of probation,this paper makes an in-depth and detailed analysis on how to consider the legal and discretionary circumstances of sentencing in the application of probation and how to influence the application of probation in the case of death caused by hit-and-run.Starting from the two focal points of dispute,the legal sentencing circumstances affecting the application of probation in traffic accident cases and how to consider the discretionary sentencing circumstances,and at the same time,based on the first and second instance judgments of Zhang and Yu,the article is divided into two parts on the basis of restoring the case facts as far as possible.In the first part,it is clear that the circumstances of escape are the circumstances of aggravated punishment of the crime of traffic accident,while the circumstances of surrender are the circumstances of lenient or mitigated punishment by law.The second part of the subjective vicious,economic compensation,repentance are the perpetrator crime and crime after the discretionary punishment circumstances by the judge comprehensive sentencing.By matching the provisions of the criminal law with the facts of the case,using case analysis,literature analysis and other research methods,the influence of each sentencing circumstance of traffic accident crime on the application of probation is legally analyzed.And the influence of statutory sentencing circumstances on the application of II probation and the influence of discretionary sentencing circumstances on the application of probation are analyzed and summarized.Finally,it is concluded that the crime of traffic accident with bad circumstances,that is,the case of fleeing after traffic accident causing death,is not suitable for probation.Finally,in the part of case review and analysis,the author will focus on the traffic accident of Yu XX,highlight the importance of the application conditions of probation in the crime of traffic accident and emphasize the problems that should be paid attention to in the process of applying probation in the case of traffic accident,so as to make it more clear that the crime of traffic accident with severe criminal circumstances is not suitable for probation,and the crime of traffic accident that meets the conditions of probation can be applied to probation.In order to further strengthen the application of probation in the criminal practice of the scientific and authoritative,and strive to make every criminal defendant as his crime,highlight the crime and punishment of our criminal law to adapt to the principle.