An official from China's Dongguan Intermediate People's Court
has clarified that the so-called "money-for-crime" policy for
criminals is initiated in the victim's best interests and must be
implemented with all preconditions met.
Liang Cong, a presiding judge with the court in Guangdong Province, made the remarks in
response to rising public concerns over a string of
lighter-than-expected sentences handed down by the court to
defendants who financially compensated their victims.
The penalties triggered disputes as some worried rich criminals
would escape from proper punishment by paying a sum of money which
could be of little significance to them.
Liang, in an interview with the Shanghai-based Morning
News newspaper, said the policy conformed to the spirit of the
national Supreme Court. The court advocates prudent use of the
death penalty and resumed the judicial review of such a sentence's
procedure from January 1.
The Court indicates that criminals can be handed a lighter
penalty if they're positive about paying compensation to victims or
their families.
Liang explained that not every case was suitable and that the
policy's efficacy has nothing to do with the wealth of criminals.
He revealed the policy would be adopted only if three basic
premises were met.
First, the defendant must confess every detail of the crime and
be forthcoming in making compensation.
Second, opinions from the side of the victim must be
affirmative. The judge can deliver a lighter penalty only after the
victims or their families accept the terms of the compensation and
a lighter punishment for the criminal.
Third, the policy doesn't apply to criminals involved in cases
of extreme violence. For example serial killers, no matter what
their ability or willingness to compensate victims' families, won't
be considered.
Liang said compensation to victims hadn't been stressed before
and defendants normally declined the compensation package. This was
to the financial detriment of those involved.?
He said compensation was expected to help the families of
victims rebuild their lives and to minimize their bitterness
towards the criminals.
The policy has been praised by certain legal insiders. Jiang
Qinghan, a lawyer from Shanghai-based Guangmao Law Office, said it
should be flexible and display tolerance when regretful criminals,
according to the terms of the policy, wished to compensate people
in a bid to make amends for their crimes.?
Jiang also revealed that infrastructural courts had dealt with
cases in this "softened" way for a long time but in a low profile
way.
(CRI February 1, 2007)