被害人宽恕与量刑

Forgiveness of Victims and Sentencing

传统的司法观念将追究犯罪单纯看作国家的职能,因此容易忽视被害人事后宽恕情节对量刑的影响。司法实践中虽然也有将被害人宽恕当作量刑情节的案例,但是却很少有人对此作出详细论述。从量刑的根据、被害人宽恕作为量刑情节的理论支撑和具备的优秀实践价值出发,全面列举了被害人宽恕应该成为一个酌定的量刑情节的理由。

The punishment of crimes is regarded only as the function of a state in traditional judicial conception, so the effect of the forgiveness of victims on the sentencing is often neglected. Although it is also considered sometimes during judicial practices, detailed theoretic studies are infrequent. Based on sentencing ground, theoretic foundation of the forgiveness of victims as sentencing circumstances and practice value of the forgiveness of victims, that the forgiveness of victims should become formally a discretional circumstance is demonstrated fully.