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UPDATED: September 7, 2007 NO.37 SEP.13, 2007
Should Petty Criminals Get Light Punishment?
Procuratorial departments will not necessarily pursue serious charges against petty criminals?
 
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to minors, the elderly and people who have committed a small crime because of such reasons as poverty. This new stipulation does not go against China's Criminal Procedure Law.

More importantly, if the leniency to the abovementioned defendants is widely and carefully practiced, it is likely to exert a positive influence on other area of life. Crimes, petty or serious, are rising. Against this backdrop, there is a rising call for severe punishment of crimes and there is a lack of sympathy and compassion to some misdemeanor offenders.

Exemption from prosecution does not mean that there is no punishment. Administrative penalties and economic fines will exert an effective deterrent. There are also explicit requirements on compensation for the victims in the petty crimes. According to the Criminal Procedure Law, if the victim does not accept the non-prosecution decision by the procuratorate, they are free to file a lawsuit.

Shan Shibing (Huashang Daily): We expect the judicial system to protect citizens' rights and interests as well as to improve morals. In this sense, statutes should not be always so severe, and a degree of sympathy is called for. Sometimes, leniency can be more effective than severity in saving a soul.

Although China is now much richer than it used to be, still some people can't share the fruits of rapid economic growth and a gap between the rich and the poor is widening. Despite the expanding network of social security, some people are still marginalized.

As a way to ease social conflicts, the judicial system surely needs to do something in stepping up aid to the disadvantaged group. The stipulation that people who have committed a small crime because of poverty will be exempted from prosecution is actually a form of protection to the helpless from a legal perspective. The new prosecution guidelines have changed the old way of throwing all the criminal suspects into prison, which will save the disadvantaged from discrimination and rescue them from slipping into a dark pit of no return.

Zhao Zhijiang (Yanzhao Metropolis Daily): The Supreme People's Procuratorate has stressed on more than one occasion, the combination of leniency and severity to maximize social harmony. According to the "combination" principle, the human-centered concept should be reflected in the tolerance toward small and petty crimes while severe punishment should be imposed on more serious crimes.

To steal things because of poverty is already a tragedy. It's quite possible for those who lack basic security to violate laws for survival.

If one is severely punished because he steals bread for food, the punishment may damage his whole life or worse, create conditions for revenge. Non-prosecution may therefore better help them to follow a more honest path. If severity reflects justice and objectivity, then leniency reflects tolerance and humanity. Leniency will not only help to save judicial resources but it will bring about positive social spin-offs.

Cao Lin (www.dahe.cn): Some are worried that the new guidelines issued by the Supreme People's Procuratorate will encourage crime and criminals will avail themselves of legal leniency to escape punishment. I think this is a wrong understanding of the non-prosecution provisions.

The objective of the judicial system is to prevent crimes rather than to punish. To punish those who commit petty crimes because of poverty, instead of preventing crimes, will make these people commit more serious crimes. And also to punish these people is inhumane.

Actually, the more humane a law is, the more respect it will win. The humane care it shows will affect the hearts and minds of the poor and assist in their renouncing bad habits-totally different from the fear resulting from severe punishment and heavy fines. So leniency will exert a more lasting influence than severity.

From another perspective, to exempt minors, the elderly and people who have committed small crimes because of poverty from prosecution will also save limited judicial resources, which can then be used on criminals that pose a real threat to social security. In this way, laws can become more effective.

Dear Readers, "Forum" is a column that provides a space for varying perspectives on contemporary Chinese society. In each issue, "Forum" will announce the topic for an upcoming issue. We invite you to submit personal viewpoints (in either English or Chinese).

Upcoming Topic: Are donations that have strings attached still regarded as an act of charity?

E-mail us at byao@cipg. org.cn

Please provide your name, telephone number, zip code and address along with your comments.

Editor: Yao Bin

 

 

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