On Sentencing Defense

Sentencing defense is an independent defense form which has its own uniquecharacteristics. It is an important part of sentencing procedure, which has animportant significance in the reasonable structure of litigation and safeguarding thedefendant’s legitimate rights and interests. This defense form always exists in ourcountry’s criminal prosecution system, but did not cause enough attention. Assentencing procedure reform process forward, the system has glow the new vitalitynow. But compared with the procurator organs sentencing proposal system reforms,there are many problems in our country many on the sentencing defense system. It isworthy of our research and discussion, and to improve it. From this perspective, thesentencing defense system are analyzed and discussed in this article.Sentencing defense refers to the defendants and their counsel according to thefacts and evidence to refute the weight penalty plot by the prosecutors, puts forwardthe plot of light sentencing itself, trying to convince the court sentenced to lightersentencing to the defendant of litigation activities and safeguard the legitimate rightsand interests of the defendant. It has the following characteristics. It is a kind ofsubstantive defense, and also a quantitative justification. It is usually according to theprosecution organ sentencing proposal to launch. The purpose is to make the accusedminor sentencing results.Sentencing defense is an independent defense form. It has a great distinctionwith other criminal defense form. It also has its unique entity value and procedurevalue. Compared with the plea of not guilty, sentencing defense is not for the purposeof criminal charges to overthrow the prosecution organ. It is just trying to make theaccused minor sentencing results. Compared with the light offence defense, althoughthe two are in the pursuit of sentencing results a lighter, the light offence defense isstill essentially trying to overthrow the prosecution organ charges to persuade thecourt to the defendant constitutes another lesser crime. The sentencing defense is toadmit the accusation. Compared with the procedural defense, sentencing defense isn’t for procedural matters to launch. It is still around sentencing of this entity expansionproblem.Sentencing defense system is facing the following problems in our country. First,Conviction and sentencing procedures unity, lawyers face embarrassment. Second,sentencing defense lack of perfect evidence rule. It is not conducive to thedevelopment of sentencing defense. Third, both sides influence on sentencingimbalance, the influence of the defense lawyer has a small result. Fourth, it isdifficult to obtain evidence, and the sentencing opinions lack of evidence to supportthe sentencing defense. Fifth, it is lack of corresponding security system, the defensecan not effectively carry out.For above problems, we should carry on the consummation of the sentencingdefense system in the following aspects. First, set up independent sentencingprocedure and a perfecting rule of procedure. The rules should follow the followingprinciples. Both sides are equal, the justice of procedure, simplified divided flow andthe protection of the victim’s legitimate rights and interests. Second, perfect thesentencing evidence rules the scope, evidence, character evidence, hearsay evidenceincluded, proof responsibility, adhere to the one who claims the principle of burden ofproof, standard of proof, argued that the preponderance of the evidence standard;third, production, standardized sentencing defense related litigation documents on theone hand, making the establishment and standardization of sentencing defense lawyeropinion, another hand, the court shall respond to comments and reasons of sentencingdefense counsel for the defense in the judgment In order to confirm the effect ofsentencing defense, to truly implement the sentencing defense. Fourth, to guaranteethe lawyer’s right of investigation and collecting evidence, the abolition ofunreasonable restriction of article306th of the criminal law from the legislative pointof view, the relaxation of the defense lawyer investigation of evidence to the relevantunits and individuals limit, from the judicial point of view, the public security organsshould change the idea, with Lawyers Act of investigation and evidence collection,community to strengthen education and publicity, the new image of lawyers, at thesame time, to promote the independence of the judiciary, effectively protect thelawyers to apply for the right of investigation and evidence collection. Finally, perfecting the sentencing defense related security system in juvenile criminal cases,also need to introduce the defendant investigation report of human society system, theestablishment of specialized agencies of information related to sentencing to thedefendant investigation; in addition, it should also improve the legal aid system,increase investment, strengthen management, guarantee the legal aid system fromquantity and quality can meet the need, the good operation of sentencing defensesystem.