Proof Of Personal Dangerousness In Criminal Procedure

Personal dangerousness theory is conceived in criminology,and become full and plump when enter the criminal law field of vision.Personal dangerousness theory show a strong vitality in the compulsory measures,sentencing,execution stage and so on,which promote the development of the penalty system and make it perfect.From the current human cognitive ability and level,the content of the personal danger should only include the possibility of recommitting a crime,that means the possibility of the criminal committing crimes again.We can't include ordinary citizens and potential criminal together in the scope of prevention.Otherwise,personal dangerousness theory,only stay in excessive high demanding and illusory vision,will be divorced from reality and can't really walk into judicial practice.In order to exert the function of the personal dangerousness theory and utility,we need to establish a systematic procedural norms,and provide the specification and guidance for concrete application in judicial practice.Personal dangerousness theory has the close inner link with criminal litigation value,direct purpose of punishing crime and protecting human rights,and criminal litigation basic principles.They are embodied in criminal compulsory measure,sentence application,juvenile criminal procedure,compulsory medical treatment procedure of psychiatric patient.Furthermore,only in the field of vision of research under the criminal procedure,can we realize the personal dangerousness theory from paper into the practice operation,from the speculative abstract theory to the implementation and development.From the point of view of evidence law,the personal dangerousness of the doer comes from future field,and different from the criminal case facts that has already happened.That requires we must pay more attention to the feature proof of personal dangerousness theory,when use personal dangerousness theory to solve punishment application problem.We should expand the scope of the proof object,lower the demand for relevance of evidence,set up throughout high possibility of proof standard,allow and tolerance the dynamic characteristics of error may exists in proof result.From the prove method level,we can draw lessons from the reasonable content and rules of character evidence,collect evidence information from reputation,behavior,specific events.We can take it into the evaluation factor of personal dangerousness,and research personal dangerousness theory in investigation procedure,judicial procedure and penal execution.From these points of view,we can establish feasible program specification for personal dangerousness theory in juridical practice.