严格适用免除刑罚规定——兼谈对刑法第37条的理解

Strictly Applying to the Provisions of Exemption from Penalty——And the Understanding of the 37th Article of the Criminal Law

免除刑罚的适用必须遵循以犯罪事实为依据、以刑法规定为准绳的原则,正确选择多功能从宽量刑情节,充分考虑适用免除刑罚的必要性。刑法第37条是关于非刑罚处罚方法的概括规定,在不具有具体的免除刑罚情节的情况下,不宜直接依据该条规定对被告人免除刑罚,防止滥用自由裁量权。

The application of exemption from penalty must follow the principle of basing on the crime facts and taking the Criminal Law as yardstick. To choose the multi plots correctly and well consider the necessity of the exemption, the 37th Article of the Criminal Law is on general stipulations about the means of non penalty sentence. Under the circumstances of not having concrete details about exemption, it is inadvisable to exempt the accused from penalty in accordance with the 37th Article, in order to prevent the abuse of discretionary power.