On Relationship between Criminal Reconciliation and Basic Principles of Criminal Law
Wei Zai-jun
Abstract
Wei Zai-jun
Abstract
Criminal settlement may make the offenders who committed the crime of the same capacity getting different sentences due to their different comensation abilities,and the victims of similar situations different compensation.Some scholars have therefore believe that the criminal settlement departs from the basic principles of criminal law.In essence,the criminal settlement does not deviate from the basic principles of criminal law,instead is a method to implement the basic principles of criminal law.Because the intention of the principle of legality is to protect the legitimate rights of the accused;application of the principle of equality of criminal law requires not only formal equality,but also for substantive equality.Compatible guilt-suiting punishment fits the principle of the penalty and the defendant's criminal responsibility.
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Criminal settlement may make the offenders who committed the crime of the same capacity getting different sentences due to their different comensation abilities,and the victims of similar situations different compensation.Some scholars have therefore believe that the criminal settlement departs from the basic principles of criminal law.In essence,the criminal settlement does not deviate from the basic principles of criminal law,instead is a method to implement the basic principles of criminal law.Because the intention of the principle of legality is to protect the legitimate rights of the accused;application of the principle of equality of criminal law requires not only formal equality,but also for substantive equality.Compatible guilt-suiting punishment fits the principle of the penalty and the defendant's criminal responsibility.
Key concepts: Principle of legality, Criminal law, Law, Punishment (psychology), Compensation (psychology), Criminal procedure, Theory of criminal justice, Criminal justice