In Approach To The Conversion Of The Criminal Amount

In cases related to the amount of crime, the amount of crime affects the qualitative behavior of the perpetrator and the sentencing subsequent to conviction. Therefore, the calculation of the amount of crime is particularly critical to judicial practice. Using the correct method of calculation to get an accurate amount of crime is a prerequisite for proper conviction and sentencing. As a method as well as a key section of calculating the amount of crime, crime amount conversion is an inevitable issue to be addressed during the judicial practice process. However, the current provisions of the criminal law fail to specify how the amount of crime shall be calculated or converted, though given that the charges related to the amount of crime are provided in detail in judicial interpretations. Theoretical research into crime amount conversion falls far behind the corresponding demand for the calculation of the amount of crime in the current judicial practice. This paper aims to classify the charges involving the amount of crime in the current provisions of the criminal law, with some typical charges and provisions of judicial interpretations referred to as a way to study crime amount conversion. The analytical results will serve the judicial practice by more accurately calculating the amount of crime for appropriate conviction and sentencing.This paper falls to four sections(introduction and conclusion excluded): In the first section, "the amount of crime" to be discussed in this paper is summarized and classified. Based on the provisions of China’s current Criminal Law and its judicial interpretations, the amount involved in each and every charge is included in the conception of the amount of crime studied herein, and is classified into one of the three categories: the number of items, the amount of money, the number of acts and the number of casualties; The second section focuses on the necessity and feasibility of crime amount conversion, as conversion helps to create more efficient and equitable conviction and sentencing upon multiple amount of crime; In the third section, crime amount conversion is categorized against crime patterns(i.e. in the same form or between different forms of crime), while the articles involving the amount of crime in the current criminal law and the corresponding judicial interpretations are listed partly based on such categorization; The fourth section puts forward the principle of the criminal amount and summarizes methods are launched to convert the amount of crime in general and special circumstances, where the amount can be converted by proportion, nature, type and pattern of the crime.This paper argues that the figures involved in the results of all crimes provided in the criminal law and judicial interpretations, regardless of the number of items, the amount of money, the number of acts or number of casualties, shall be considered as the amount of crime. Because there are many types of criminal amount, we should targeted at different amounts of crime to take different ways to convert in the practice.