论文部分内容阅读
量刑建议权,即求刑权,是指公诉人代表人民检察院建议、要求人民法院对被告人处以某一特定的刑罚,对刑种、刑期、罚金数额、执行方法等方面提出尽量具体的要求。简言之,量刑建议是检察机关就被告人应当判决的具体刑罚向审判机关提出意见。
The sentencing suggestion power, that is, the power to seek punishment refers to the public prosecutor’s proposal on behalf of the people’s procuratorate, requiring the people’s court to impose a specific sentence on the defendant, and making concrete and specific demands on the types of criminal penalties, term of imprisonment, the amount of fines and enforcement methods. In short, the sentencing suggestion is that the procuratorial organ should submit its opinion to the judicial authority on the specific sentence that the defendant should rule.