Discussion On The Application Of The Law Of Life Imprisonment

In the Ninth Amendment to the Criminal Law,the crime of embezzlement and bribery is included in the new term of "life imprisonment" and its applicable conditions are expounded and restricted through relevant judicial interpretations.Based on the revised Criminal Law and relevant judicial interpretations,this paper discusses the application of"life imprisonment" combining with the current mainstream theory.In order to discuss the application of "life imprisonment",we must first define its legal nature accurately.The addition of "life imprisonment" in the Ninth Amendment to the Criminal Law should be a new method of penalty execution.On this basis,this paper discusses the application of life imprisonment from three aspects:retrospective effect,conviction plot and crime in the course of execution.The provisions on life imprisonment in the Interpretation of the Nine Time Effectiveness of the Amendment to the Criminal Law violate the old principle of concurrent leniency.The "especially serious crime circumstances" in the conviction of the crime of embezzlement and bribery applicable to life imprisonment should refer to the Interpretation of Several Questions of the Applicable Law in Handling Criminal Cases of Embezzlement and Bribery,the plots listed in the three paragraphs should be that."The social impact is particularly bad" has caused loss of reputation,public damage,order damage,and social harm,and "to the interests of the country and the people caused a particularly heavy loss" should be more than five million yuan.If the intentional crime should be executed during the period of suspension of execution,the negligent crime should be recalculated and life imprisonment should be executed after the expiration of the suspension of execution;if the intentional crime is executed with extremely bad circumstances during the period when the suspension of execution is reduced to life imprisonment,the intentional crime or negligent crime with insufficient bad circumstances will continue to persist.For life imprisonment.Taking into account the humanitarian principles and ensuring the stability of prison management,it is suggested that commutation of sentences may be applied to criminals with significant meritorious deeds during the execution of the sentence of "life imprisonment",and temporary execution outside prison should be applied to criminals suffering from serious illness and living without self-care.Amnesty for criminals who meet the conditions of amnesty.