论文部分内容阅读
近年来,司法实践中被害方谅解被告人后被告人被从轻处罚的案例逐年增多,这种现象在一些有死亡结果发生的故意杀人、伤害等重大刑事案件办理中尤为突出。笔者认为,与一般只适合于轻罪或者轻微犯罪的刑事和解制度不同,刑事谅解不仅可以适用于轻罪或者轻微犯罪,还可以适用于严重犯罪,即使是危害公共安全类犯罪也应根据个案情况综合评价,而不是当然排除在刑事谅解之外。
In recent years, the number of cases where the defendant was sentenced to light penalties after the defendant was excused in judicial practice has been increasing year by year. This phenomenon is especially prominent in the handling of some serious criminal cases such as intentional homicide and injury that have the consequence of death. In my opinion, different from the criminal reconciliation system generally applicable only to misdemeanors or minor crimes, the criminal understanding can be applied not only to misdemeanors or minor crimes, but also to serious crimes. Even crimes that endanger public safety should be based on individual cases Comprehensive evaluation, rather than of course excluded from criminal understanding.