Study On The Application Of Sentencing Lenient In Correspondence Offense

Correspondence offense1 is an important concept in the criminal law theory of civil law systems,and has unique research value.Its uniqueness lies in the fact that,unlike individual offenders,the pairs of offenders often appear in the form of pairs and there is a close connection between the acts,and there is also an absolute correlation in terms of conviction and punishment as well as sentencing.Although the concept of "correspondence offense" has been inherited from German and Japanese criminal law,it has not been studied in depth in the Chinese rule of law environment,especially when it comes to the issue of lenient sentencing in criminal law practice,and has not been effectively resolved.When there is a competition between surrender and merit,a combination of attempt forms,and aiding and abetting of an accomplice,the question of whether and how these mitigating circumstances can be applied in a lenient manner in the context of correspondence offense has become a matter for consideration.Therefore,based on the study of the concept of correspondence offense and the conviction and punishment,this paper discusses the controversial issue of the application of lenient sentencing circumstances in correspondence offense with Adopting inductive and case study approaches,and putting forward the applicable views for different sentencing circumstances.Firstly,summarizing the controversial views of leniency for single offenders in the form of surrender and attempt,and the controversial views of leniency for instigators and aids in the form of co-offenders.Secondly,analyzing the application of specific mitigating circumstances: due to the interdependence of the two sides of the correspondence offense,the surrender of one side of the truthful confession must include the behavior of the corresponding actor,and it meets the two mitigating conditions of surrender and merit,so both mitigating circumstances should be taken into account;the attempt form of the correspondence offense is more reasonably applied according to the principle of comprehensive evaluation due to its specific combination pattern;the aiding and abetting of the correspondence offense is more reasonable due to the lenient application of aiding and abetting is more reasonable based on the principle of comprehensive evaluation.Finally,the impact of the specific types of correspondence offense on the lenient application of sentencing is summarized,according to the differences of the three types of correspondence offense: "same punishment for the same crime","different punishment for different crimes" and "only one side of the penalty".In addition,the scope and size of the application of lenient sentencing for correspondence offense is determined by considering more the repentance and social harm.This study provides new perspectives and ideas for the joint offenders,systematically summarizes and analyzes the views and positions on the lenient application of mitigating sentencing circumstances,and provides useful insights for solving practical cases.