非法占有目的之刑事诉讼证明与死刑慎用

The Criminal Certification of the Purpose of Illegal Possession and the Prudent Application of the Death Penalty

非法占有目的是一种主观要素,是诉讼证明的对象。其证明方式主要有间接证据证明和刑事推定。无论何种证明方法,都应由控方承担证明责任。但间接证据证明应坚持"案件事实清楚,证据确实、充分",刑事推定应坚持高度盖然性标准。非法占有目的是决定死刑裁量的关键性定罪事实之一,即使存在非法占有目的也不宜适用死刑,从限制和减少死刑的立场出发,一般最终不宜考虑死刑。

The purpose of illegal possession is a subjective element as one object of criminal certification usually proved through circumstantial evidence and criminal presumption. Whatever the proof method is, the burden of proof should be borne by the prosecution. The proof standard of circumstantial evidence cognition should adhere to ＂the facts of the case is clear, the evidence is reliable and adequate＂, while criminal presumption cognition is high degree of probability. The purpose of illegal possession is one of the key discretionary conviction fact of death penalty, even the purpose of illegal possession has been proved, the judge should not consider death penalty finally from the standpoint of limitation and reduction of death penalty.