On The Application Of “Leniently Punishing” Voluntary Surrender

Voluntary surrender, as a common legally-prescribed circumstance of sentencing, frequently has a significant impact on the sentencing results of individual cases. Article 67 of China Criminal Law stipulates that “Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.” Accordingly, the scholars usually accept that China criminal legislation adopts relatively lenient punishment principles on voluntary surrender. However, the “lenient punishment” for voluntary surrender is not absolutely applied after such voluntary surrender is established. China Criminal Law and relevant judicial interpretation only have general provisions on how to apply lenient punishment, which are not specific or clear. The study on this subject by theoretical cycle is almost blank. This results in the confusion, both in judicial practice and individual cases sentencing, about how to apply lenient punishment when a crime voluntarily surrenders, even some extreme circumstances occur under which the cases should be given lenient punishments have not been given lenient punishment while those should not be given have all been given. Under such situation, the study on the concrete application of lenient punishment for voluntary surrender in sentencing is able to clarify the applicable circumstances of voluntary surrender, make the criminals get fair punishment and make the sentencing process more standardized. This paper takes Wang Junxin intentional homicide case for example, through exploring the basis of lenient punishment for voluntary surrender, to analyze in sentencing when the lenient punishment is applicable and when is not, and further elaborates the specific discretion of lenient punishment in sentencing.Contents of this paper are divided into the following four parts :The first part is the basic circumstances of the case. This part mainly includes an overview of cause of action, case presentations, difference of opinions that in the premise that the behavior of Wang Junxin is established as voluntary surrender, whether lenient punishment shall be applicable to him, and further conclusion that the focal points of disputes in this case are, what is the foundation of leniently punishing voluntary surrender and when the lenient punishment is applicable and when is not.The second part is jurisprudence analysis of related issues. This part first introduces the classification of lenient punishment principles for voluntary surrender and the sentencing principles of voluntary surrender circumstances of China and relevant criminal law provisions, then analyzes the basis of lenient punishment for voluntary surrender, points out the factors and methods which need to be taken into consideration when voluntary surrender is applied in sentencing, derives the applicable circumstances of “lenient punishment” for voluntary surrender, including applicable circumstances and inapplicable circumstances of lenient punishment, then analyzes what legal effects could be generated from the lenient punishment for voluntary surrender.The third part is the analysis and conclusion of the case. On the basis of the voluntary surrender of Wang Junxin is established, this part clears that whether his behavior shall apply lenient punishment. Through the analysis of the intentional homicide behavior of Wang Junxin, it can be found that his homicide will is affirm, the commitment means are cruel, the subjective evil character is strong, the crime circumstances are absolutely vile, and the crime consequences are especially serious. Combined with the factors that need to be taken into consideration in lenient punishment for voluntary surrender, all these are consistent with the circumstances inapplicable for lenient punishment clarified in the second part, then it derives that in this case the voluntary surrender behavior of Wang Junxin shall not apply lenient punishment.The fourth part is the revelation of the case study. Combined with current criminal legislation of China on voluntary surrender and the guiding opinions on sentencing by the Supreme People’s Court, it proposes about how to regulate the application of voluntary surrender circumstances. The author summarizes the five specific steps, including the starting point of sentencing, the benchmark punishment, regulating range, the form of lenient punishment and the final announcement. Every step stipulates the method in detail, so that clear how to apply lenient punishment of voluntary surrender in the sentencing.