Custody During The Performance Influence Sentencing Research

In recent years,some local people's procuratorate,courts and jails have been in the relevant to the criminal suspect or defendant in custody provisions of the regulation during the performance in sentencing account.The problem that the criminal suspect or defendant in custody during the performance can influence sentencing belongs to that the criminal suspect or defendant which is after the crime performance can influence the problem---the judgment of sentencing.However,the performance of the custody is diverse,which is necessary for specification to distinguish different types of performance to determine which custody performance can affect the sentencing,which can not be used as a factor influencing the sentencing.Around to do this,it is necessary for the criminal suspect or defendant in custody during carding performance in sentencing rules.This paper analyses the feature of the current regulations,the status quo,and we can find the custody from the sentencing factors during the performance in where some confusion is.Judging the criminal suspect or defendant before sin,sinning after the performance,including the performance of custody can influence the sentencing according to the legislation of penalty,which should be according to the theory and the analysis,including "the need for prison management" as a judge custody influencing sentencing according should be included in the focus of the debate.Custody may have a conflict with other ideas during the performance in sentencing factor,such as silence and concept,with the system of "against forcing others to prove themselves guilty",there may be a conflict to think about how to coordinate the tension between them.In custody,according to the specific form,concrete form,such as behavior for specific identification,pure "for prison management need to" set by the reason,the exercise of litigation,the behavior of demand and the normal performance is not as the influencing factors of sentencing.Custody influence sentencing during the performance having an important question which proves problems,including the sentencing information collection,supervision subject and determination sentencing plot,subject,etc.,Letting practice make sentences more complete information,and then make a fair sentencing is our effort direction.