Principles of conviction and sentencing in traditional Chinese law

The general principles of sentencing refer to the guiding ideology and criteria for people's courts to decide whether to apply penalties or the severity of punishments to criminals within the scope of or on the basis of statutory penalties.

Article 61 of my country's Criminal Law stipulates that when deciding the punishment for a criminal, the sentence shall be based on the facts of the crime, the nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this law.

According to this provision, the general principles of sentencing can be summarized as follows: based on criminal facts and criminal law as the criterion.

Criminal facts are the objective basis for sentencing. Without criminal facts, the crime cannot be determined, and sentencing loses its premise.

Criminal facts can be divided into broad sense and Shaanxi meaning. The criminal facts mentioned here are criminal facts in a broad sense.

Criminal facts in a broad sense refer to the sum total of various facts and circumstances related to a crime that exist objectively.

It includes not only the basic facts of the crime, but also the nature, circumstances and harm to society.

Legal basis: General Principles of Sentencing, Article 61 of the Criminal Law of the People's Republic of China and the People's Republic of China. When deciding the penalty for a criminal, it shall be based on the facts of the crime, the nature and circumstances of the crime and the degree of harm to society.

sentenced according to the relevant provisions of the law.