Sentencing and Punishment Scenarios in the Conviction of Economic Crimes: Interpretation and Review of Hot Case Examples

Author: Ding Tianqiu
Publisher:
Publish Date: 2006-06-01
Features: The constitutive fact of a crime is the fact that plays a decisive role in determining the crime. It refers to the various factual circumstances that determine whether an act is criminal or not, which crime it constitutes, and what form of crime it is. The constitutive fact of a crime is related to the crime constitution. The crime constitution is the condition for the establishment of a crime, and the constitutive fact of a crime is the fact that determines the establishment of a crime. Therefore, the constitutive fact of a crime is the fact of the crime constitution. Of course, there is still a certain difference between the constitutive fact of a crime and the crime constitution. As the crime constitution, its existence depends on criminal facts, but the crime constitution is not represented by a single fact. It is the whole of the facts, emphasizing the integrity formed by the integration of various facts. As the constitutive fact of a crime, it focuses on the specificity of the facts, which are various specific circumstances. Without the constitutive facts of a crime and the constitutive circumstances, there would be no crime constitution.
The sentencing fact is the fact that plays a decisive role in sentencing. It refers to the circumstances that determine whether a person who has committed a crime should be sentenced to punishment and the severity of the sentence under the premise that the act has constituted a crime. The scope of sentencing facts includes all facts related to the social harm and personal danger of the act, both within and outside the crime constitution. Whether it is pre-crime facts, crime facts, or post-crime facts, they may all become the content of sentencing facts. The constitutive and sentencing facts are widely distributed throughout the criminal legal system and are numerous in number, playing an important role similar to knots on a net. It can be said that any crime, any criminal case, cannot be separated from constitutive and sentencing facts. However, in China's criminal law, some constitutive and sentencing facts are stipulated in general provisions, such as the provisions for (abandonment of crime), (attempted crime), (recidivist), (self-surrender), etc.; while others are stipulated in specific provisions, such as "serious circumstances," "cruel circumstances," "significant loss," "substantial amount," "serious consequences," etc. This overly scattered legislative feature makes it difficult to avoid causing inconvenience in practical application.