A Study On System Of Measurement Of Penalty In Mongolia

Crime and punishment are the two basic part of criminal law. The fairness of themeasurement of penalty embodies the degree of civilization of criminal law. Thesystem of measuring penalty, statutorization of measurement of penalty plot and thestandardization of measurement of penalty in Mongolia are unfolded around the doer.And measuring penalty also pays attention to the resocialization of doers. The authorheld that the measurement of penalty plot has a high degree of statutory delimitationwith pretty mature system of probationary suspension and the plan of system ofmeasuring penalty advantageous to the minor, which is worth for our country to usefor reference.The study of Mongolian Criminal punishment was unfolded centering towhether the criminal is sentenced to punishment, what kind of punishment and itsdegree and whether the punishment should be execute immediately, etc. The biggestcharacteristic of Mongolian Criminal punishment is mitigation. In recent years, it hasshowed negation and slowness on criminal prevention because of the over-mitigatingof punishment. Under such opportunity, the scholars put forward the preventionpurposes aiming at criminal prevention within the scope of responsibility forcriminals and legislative department limited the range of alleviating the punishmentin the form of punishment amendment.On the basis of the definition reflected the crime of the criminal and the plot ofthe possibility of recidivism, according to the general classification in the Mongoliancriminal law theory circles, it classifies into four kinds such as a lighter punishmentplot, aggravating punishment plot, and exempt punishment plot; legal sentencing plotand discretionary sentencing plot; the plot inside and outside the case as well as thegeneral sentencing plot and specific provisions of sentencing plot, which areconductive to the correct understanding of measurement of penalty plot. On that basis,it analyzed statutory measurement of penalty plot into different nine forms as following, the consistent performance of the criminal, criminal means, attitude aftersins, target of crime, time and space environment of crime, motivations and purposesof the criminal, the results of the criminal, the victim’s fault and criminal record. Asfor the application of the measurement of penalty plot, it adopted four methods suchas principle of prohibiting repetitive assessment, limitation of lighter or mitigatedpunishment, correct application of co-exist situation of several aggravatingpunishment plot and correct treatment of co-exist situation of mitigated punishmentplot and aggravating punishment plot.In Mongolia, if the first offender with minor crime has a good penitence attitudeand is positive to make up for the damage, he could be sentenced to probation by thejudge according to the degree of his crime and low possibility of recidivism. Thetheoretical foundation of the system of probation could extend from the idea ofsocialization of penalty execution, that is, probation is a way to prevent criminals whocommit a light crime from cross infection or severe infection in the jail, so as torectify in the open social environment. In Mongolia, not only the first offender who ispositive to make up for the damage could get reprieve, but the gestational women,mothers or single father with children under the age of three years could apply inprobation. And the people on probation do not commit crimes or get anyadministrative punishment during the probationary period, the punishment originallydecided on them would not perform.As for the system of protective measurement of penalty for minors, the PenalCode of Mongolia has provisions about mitigated punishment compared with thegeneral criminals, meanwhile, it set the minimum margin for this kind of mitigatedpunishment, thus limit effectively the discretion of judge. In Mongolia, thecharacteristic of the protection for minor offenders is embodied in the lighter tone ofthe probation system for minors.The criminal laws in Mongolia have enlightenment to the reform of the systemof measuring penalty in our country, such as the scope of statutory measurement ofpenalty plot, characteristic of legislation model, the suitable conditions of probation system, especially the low standard applied for minors and non-penalty measuresapplied for minors and so on.