The Impact Of The Victim's Fault On Sentencing

Domestic violence bettered women who killed her husband is one kind of typical case of victim research.It was raised by the interaction between the victim and the guilty.In this kind of interactive relationship of violence cases,the victim's previous behavior is very important to the responsibility of the criminals.But,if ignored to evaluate the husband's family violence behaviors,the subjective mentality of the women is also hard to grasp.There is no definite statutory of the victim in our legislation.Only in the court a meeting minutes,highlighted the victim fault can be used as a discretionary action of lighter,shall apply.But it is well known that the defects in the make up the lag of legislation and judicial practice always state.Plot in the judicial practice,the victim fault cases have been applied,broke through the minutes of specified in the immediate execution of a death sentence.This paper analyzes the domestic abuse battered women killed 51,the court for the victim's fault in case that situation.Around the author discovered that in such cases,due to the courts at different levels for the understanding of the phenomenon of domestic violence,the victims fault level is different,produce a large number of similar cases to the plot sentence sentence gap gets bigger.Only eight cases the court did not directly use the victim fault analyses reasons things out the plot.In the rest of the 43 cases,the judge for the victim fault level less specification."Fault","there is serious fault","there is a clear fault" and other expressions.To varying degrees of expression,but from light degree is also very confusion when sentencing.The confusion of the applicable condition,has limited effect to protect the criminals right.So the victim fault circumstances as legal sentencing circumstances has its necessity.Foreign criminal law scholars in the influence of the victim fault responsibility and sentencing put forward various theories,including the common responsibility to condemn reduction theory.Domestic violence abused women to kill her husband this type of case for and look forward to the possibility as a basis for guiding theory is more suitable.When the victim's fault for sentencing to consider whether the victim behavior directly lead to crime,whether the offender degree of fault,if the guilty was just focus on the husband.The necessity of the victim fault sentencing,it is clear to the public the legitimacy of penalty,prediction of civil code of conduct,in accordance with combining the criminal policy of tempering justice with mercy policy.Conclusion and Suggestions for comprehensive investigation department gave up the thought of evidence collection,judicial positive influence,sentencing refinement using the judicial interpretation,guiding case selection,such as guidance of sentencing case.