The Research On Lenient Penalty Applied With Aged Criminals

Older people are vulnerable groups in society, is also a special subject of crimein population. Although the proportion of the elderly is not high in the criminalgroups and the crime rate is low, they should be concerned by the social and legal asvulnerable groups. Studying of the lenient punishment of the old crime has boththeoretical and practical significance, it is not only good for the perfection of criminallaw, but also provides academic basis for coping the aging of society. Lenientpunishment for the elderly crime has the history, practical and theoretical basis. Inhistory there is much provision of the lenient punishment in the criminal law of manyChinese dynasties about the elderly crime, and also in many foreign countries incriminal law and international legal documents. This is a manifestation of theuniversal values of humanity. In reality, the lenient punishment of the elderly crime isthe need dealing with the aging society and saving the cost of justice. From the theoryof criminal law perspective, it reflects the humanitarian values of the criminal law,conforms the purpose of the penalty, and adapts to the criminal responsibility of theelderly. Lighter punishment and mitigated punishment are different in sentencingstandards，the mitigated punishment is limited to the margin and the kinds ofpunishment, the lenient punishment of the fault criminal is wider than the intentionalcrime. The identifying of the particularly cruel means must consider the method, toolsand other aspects. Causing death was express，it didn’t include the situation caused bythe victim committed suicide. Declared suspended for elderly crime should combinethe Subjective and objective performance, and the harmfulness to society. The time,method, motive and the object have a major impact on the severity of thecircumstances of the crime. The surrender and confession are the typical performanceof the penitential. The size of the re-offending risk is determined by the criminalrecord, sin in the form and the type of crime. If carrying out criminal acts communityto the residents and crime in the district, declaration of probation has a significantadverse impact on the community of residence.