A Study Of Homicide Sentencing Standards In Criminal Law

• Main Authors: Chien,Fu-Chun, 簡輔均
• Other Authors: Choh, Chen-Yo
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/28342505948580925490

碩士 === 國防大學 === 法律學系 === 104 === The purpose of punishment of a perpetrator after the crime refers to being punished within the range of reasonable statutory sentences, and hope to thereby achieve correction function and the maintenance of social order. Thus whether the decision of judge’s sentence imposed on the perpetrator is proportional to the perpetrator’s acts is still being publicly concerned about. In recent years, under the protection of human rights of the world, even a man of much sin, diabolic revolt against ethics and malignant major offenses, however, being restricted by the provisions of the two International Covenants that only the most serious perpetrator can be sentenced to death, the judges have failed to give a death penalty as a result, it hence repeatedly caused extreme dissatisfaction with the judicial community. This article investigates the major disputed murders occurred between 2011 and 2015, trying to find the sentencing factor-differences of life imprisonment or the death penalty ruled by the judges in the extremely serious murder cases, sorting out the applicable standards of death penalty wherein. Hopefully, thereafter the reasons for judgment on homicides given by the court will be the justice more in line with what the public expect.