Recognition And Enforcement Of Foreign Criminal Judgments

< p > 1. recognizes and executes the sentence of deprivation of liberty.

Free punishment is the penalty of depriving the defendant of the liberty of the defendant in a certain period of time.

The control, detention, fixed-term imprisonment and life imprisonment in the criminal law of China belong to the scope of freedom penalty.

The recognition and enforcement of deprivation of liberty is a relatively common content of international criminal judicial assistance, and the specific implementation system is pferred by sentenced persons.

The purpose of this article is to recover the international judicial assistance of corruption crimes, which generally does not involve the pfer of sentenced persons. Therefore, this issue is not discussed further.

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< p > 2. recognizes and carries out the judgement on qualification penalty.

< a href= "//www.sjfzxm.com/news/index_c.asp" > qualification punishment < /a > is also a common criminal law in criminal judgments, which refers to depriving the defendant of a certain occupation or carrying out certain activities.

For example, deprivation of political rights in our criminal penalty is a kind of qualification penalty.

The purpose of this article is to recover the international judicial assistance of corruption offense, which generally does not involve the deprivation of the qualification of the sentenced person.

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< p > 3. recognizes and executes the judgment of property punishment.

Property punishment is a kind of punishment that takes away the property of a criminal as punishment, including fine penalty and confiscation of property.

The recognition and enforcement of property penalty is directly related to the recovery of corruption proceeds.

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< p > in addition, it is generally believed that the recognition and enforcement of foreign criminal conviction is to strengthen the punishment of certain convicted offenders through the identification of recidivism. On the cooperation in this regard, the forty-first article of the United Nations Convention against corruption states in particular that all States parties may take any necessary legislative or other measures to consider any convictions made by a country before the accused, in accordance with their conditions deemed appropriate and suitable for their purposes, so as to make use of such information in criminal proceedings involving crimes established under this Convention.

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< p > recognition and enforcement of the category "a href=" //www.sjfzxm.com/news/index_c.asp > Foreign Criminal Decision /a > although there are still countries that have not yet established explicit recognition and enforcement of foreign criminal judgment system, recognition and enforcement of foreign judicial decisions has gradually become a trend in various countries' judicial practice and international cooperation.

However, the specific practices adopted by countries in the recognition and enforcement of foreign criminal judgments are not the same. In accordance with these specific practices, we can classify foreign criminal judgments recognized and executed.

Generally speaking, there are the following classification methods.

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< p > first, from the starting point of view, recognition and enforcement of foreign criminal judgments can be divided into positive recognition and enforcement of foreign criminal judgments and passive recognition and enforcement of foreign criminal judgments.

The so-called positive recognition and enforcement means that as long as other countries make criminal decisions in accordance with the conditions stipulated in their international conventions or domestic laws, they will recognize and execute criminal judgments made by other countries when necessary, and such recognition and enforcement do not require the state to make judgments.

The concept of passive recognition and enforcement is corresponding to positive recognition and enforcement. It means that even if the criminal judgments made by foreign countries have met the conditions stipulated by the international treaty or the domestic law of their own countries, the country will not automatically recognize and execute the criminal judgment unless it has made a request for a criminal judgment.

At present, in the international judicial practice, there are few countries that actively recognize and execute foreign criminal judgments. Most countries still recognize and enforce foreign criminal judgments through passive means.

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< p > two, from the scope of recognition and < a href= "//www.sjfzxm.com/news/index_c.asp" > < /a >, recognition and enforcement of foreign criminal judgments can be divided into total recognition and enforcement and partial recognition and enforcement.

The so-called "all recognition and enforcement" refers to the facts, applicable laws and judgments concluded by the country's criminal judgments made by other countries, all of which recognize and carry out the sentence in the judgment.

Partial recognition refers to the fact that only recognition of the facts, legal parts or conclusions made on the basis of judgments, or some recognition of facts based on judgments, some of which do not recognize, or some recognition and enforcement of decisions made by the judgment, some do not recognize that they are not implemented.

Whether {3} is wholly recognized or implemented or partially recognized and implemented depends on the provisions of the international treaties or domestic laws that a country has joined or concluded, and in other cases it depends on the will of the country.

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< p > three, from the form of recognition and execution, it can be divided into implied recognition and enforcement, and explicit recognition and enforcement.

The implied recognition and enforcement means that although the criminal judgments of other countries are recognized and executed by the state, such recognition and enforcement are carried out in a tacit and non-public manner.

Generally speaking, under the implied circumstances, the country does not initiate criminal proceedings against other criminal cases where other countries have already made criminal decisions.

Because of this, tacit recognition and enforcement are also known as actual acknowledgement and enforcement.

The explicit recognition and enforcement of foreign criminal judgments is also known as legal recognition and enforcement.

"This form of recognition and enforcement requires that the country not only need to pass a normal channel to inform the decision that it is willing to admit the validity of the criminal judgment abroad, but also needs to carry out the corresponding legal procedures."

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