On The Sentencing Procedures In Capital Cases

Sentencing standardization, since death penalty cases in the actual trial procedure can be found in the relative separation conviction program, there are still some under the mode of unable to solve the drawbacks. Based on our country with ordinary criminal cases death penalty cases in the trial program has no obvious difference in death penalty cases, this paper puts forward the sentencing program mode, independent investigation by sentencing phase, sentencing debate stage this two platform, both of the accused and the defendant show all about the defendant is suitable sentenced to death sentencing information, finally the judge decision based on sentencing standards. This paper is divided into four chapters:The first chapter in the death penalty sentencing program about the comments. At present our country death penalty cases in deficiency, sentencing program on the death penalty cases involving the right of life and death to the particularity of executive irreversible once after death penalty cases, this paper firstly analyzes the necessity of sentencing program:strictly control the discretion of the judge, prevent sentencing disparities; security about the death penalty sentencing information fully into the trial program; avoid a death penalty case defenders had problems for pleaded not guilty; wary of kill and less kill criminal policy for the general public to accept easily; weakening national and personal tensions; second demonstrates the feasibility of death penalty case sentencing program:the death penalty cases convicted and the punishment of the trend of the program to separate; death of the program control to the death penalty; the death penalty cases that the costs of proceedings is easy to bear the punishment of death; procedural fairness of the public to accept; Finally presents a death penalty case independent sentencing mode. Independent sentencing mode into specifically targeted at a death penalty case sentencing investigation and sentencing debate two stages.The second chapter of the death penalty case sentencing investigation stage. In sentencing investigation stage, the first in the death penalty sentencing program before the date of the hearing about both of the accused and the defendant death penalty cases show the sentencing evidence, including both of the accused and the defendant on the defendant is suitable to collect all kinds of death penalty sentencing evidence, in addition, also includes the judicial administrative organ shall formulate by grassroots social survey report. Both of the accused and the defendant right now but access to social survey report, so that in sentencing program with pertinence debate stage more. After the trial of both sides show their sentence, including legal action and specific sentence hearing the evidence, the punishment on the evidence to cross-examination.The third chapter of a death penalty case sentencing debate stage. Prosecutors for sentencing investigation stage that involved the defendant crimes on the facts, serious suggestions death penalty sentencing recommendations to the defendant, to defend a court-appointed sentencing. This chapter of the current death penalty cases in the appointed defense analyzes the existing problems, and puts forward the measures to perfect defense in the death penalty cases. Sentencing debate stage should also make full listen to the defendant and the victim sentencing advice about the final decision, guarantee for punishment is based on sufficient information base.The fourth chapter of the proof standards and evaluation decision. Questions about standards of proof, the first analyses the facts are clear, evidence case really adequately and the latest judicial interpretation of the certificate standard stipulated in the standard is convicted, and puts forward the sentencing standard especially attention death penalty case sentencing standard importance. Based on investigation stage sentencing facts into the sentencing legal sentencing facts and discretionary sentencing facts, the death penalty case sentencing standard specific divided into: according to legal sentencing scenario, to achieve evidence really fully, eliminate a reasonable doubt proof standard; for discretionary sentencing scenario, the standards of proof to advantage evidence. The judge finally after a collegial panel members to the photographer, death sentence unanimous through to detail sentencing reason.