Empirical Study On The Influence Of Pretrial Custody On Sentencing

Pretrial detention is generally regarded as a prelude to conviction in the theoretical circle,a preview of the subject penalty,and the phenomenon of "actual reimbursement" in judicial practice is considered to be common.Pre-trial detention is not regarded as a statutory or discretionary sentencing circumstances explicitly stipulated in the relevant laws,regulations or documents.So,has pretrial detention become an "unspoken rule" that affects the sentencing of judges in judicial practice? For this problem,few data to support empirical research,therefore,the author through to 500,the theft of the defendant criminal judgment of first instance samples finishing,classification,filtering,using statistical categories more logistic regression analysis method,through SPSS software for data analysis,the relation between pretrial detention and sentencing is the statistical analysis of the conclusion.That is,if the sentencing range is criminal detention,fixed-term imprisonment of less than three years,or fixed-term imprisonment of less than three years and more than ten years,whether the pre-trial detention has a significant impact on the sentencing,and the pre-trial detention of the defendant is more serious than the pre-trial non-custody of the defendant sentencing;When the sentencing range is more than 10 years of imprisonment,the pre-trial detention period has a significant impact on the sentencing,and the longer the detention time of the defendant than the shorter the detention time of the defendant sentencing heavier,with the aggravation of the defendant's penalty,the pre-trial detention period has more and more significant impact on the sentencing.So,how to correct the relationship between pretrial detention and sentencing? The author believes that the application of detention measures should follow the principle of proportionality.In fact,sentencing should follow the principle of adaptation of crime and punishment,so as to control the improper influence of pre-trial detention on sentencing.