Understanding errors affect the conviction and sentencing of it

2009Years2Month12DayMorning, the Beijing first intermediate people's court hearing the former State Development Bank vice director Hu Hancheng bribery case. Prosecutors accused Hu Hancheng of taking bribes in RMB550Million, but Hu Hancheng in the courts insist that, alleged bribes, just a reward nature advantage fee. When the public prosecutor asked him for taking bribes550Million in charges if there is objection, Hu Hancheng said: "the550Million facts does, but I don't know the law." Said that if there is no clear confession.
    Hu Hancheng's answer is very common. Hu Hancheng said that he "does not know the law", implication is that he didn't think accepting550Million is a crime of bribery, he accepted550Yuan does not constitute the crime of bribery. The hearing process in many of the duty crime case, we heard several similar to Hu Hancheng "do not understand the law" this excuse to see many similar to Hu Hancheng, "do not understand the law" report. From the analysis of the theory of criminal law, Hu Hancheng said, understanding error belongs to the criminal law.

Mistake of the criminal law, refers to the behavior of people in the subjective on their legal nature or significance and the objective facts wrong understanding. Understanding of error related criminal law to pursue the issue of criminal responsibility, affect the conviction and sentencing. Wrong understanding of criminal law, can be divided into two kinds: one is the mistake of law, two is the fact error. Mistake of law, refers to the act shall be punished for what mistake if his act constitutes a crime and the law.

Hu Hancheng's statement, which belongs to the legal cognition error in the criminal mistake, namely Hu Hancheng due to ignorance of law or misunderstanding law, the implementation of their behavior constitutes the crime of the error of cognition. In accordance with the provisions of article 385th of the criminal law, as national staff member Hu Hancheng, taking advantage of his position, illegally accept others550Million yuan, for the benefit of others, constitute the crime of bribery is to be beyond all doubt. Mistake Hu Hancheng, will influence on his conviction and sentencing?

China's criminal law theory that,According to the subjective and objective consistent principle, for the understanding of legal error processing, should adhere to"I do not know the law is not exempt"The principle, still have to bear criminal responsibility. Hu Hancheng "ignorance of the law excuses", does not affect the criminal responsibility of the crime of bribery. However, with respect to "know the law but break it" and bribes, Hu Hancheng's subjective malignant is relatively small; and Hu Hancheng have actively chairman, Frank circumstances, comprehensive consideration of Hu Hancheng, can be punished more leniently.