當(dāng)犯罪事實不能確定時,對嫌疑人從輕處罰。“罪疑惟輕”是古人在總結(jié)已有經(jīng)驗基礎(chǔ)上提煉出的經(jīng)典概念。統(tǒng)治者宣揚該觀念不僅在于標(biāo)榜寬仁之政,也在于通過從輕處罰教化百姓。該思想體現(xiàn)了古代仁政與慎刑思想,對現(xiàn)代中國司法實踐亦有影響。
If there is uncertainty surrounding criminal facts, the suspect shall be punished lightly. Thisclassical concept was refined by ancient Chinese people on the basis of experience. It waspromoted by rulers not only to demonstrate benevolent government, but also to educate thepeople through lighter punishments. Manifesting the ancient idea of benevolent governmentand prudential punishment, it also influenced modern Chinese judicial practices.
◎ 罪疑惟輕,功疑惟重。(《尚書·大禹謨》)
(罪行處罰輕重?zé)o法確定時,就從輕處理;功績獎賞輕重?zé)o法確定時,就從重賞賜。)
Lighter punishment should be imposed for doubtful crimes, and higher rewards should be given in case of doubtful merit. (The Book of History)