The personal status of offenders is a combination of characteristics, signs, and particulars showing their social nature when they commit breaches of criminal laws. This, in conjunction with external conditions, results in offences committed.
- In order to decide a right penalty, the Judge must clarify characteristics of the offender’s personal status. Such characteristics are showed in the accused’s curriculum vitae and other relevant documents. The investigating body, Procuracy and Court must prove such characteristics.
- Personal status of the offender should include good and bad sides. In certain circumstances, a number of characteristics of the offender’s personal status shall be facts for exclusion of criminal liability, exemption of penalty, determination of penalty, determination of penalty bracket, or facts of extenuation or aggravation of criminal liability. The Judge, therefore, should be able to distinguish each specific circumstance. The Judge should also take into account, in a sufficient manner, all characteristics of the offender’s personal status which have not been stipulated as facts for determination of penalty, determination of penalty bracket, facts of extenuation or aggravation of criminal liability.
For example: When considering the personal status of offender X, the judge may find that although X has not committed an administrative breach or been sentenced, he has infringed upon public order on many occasions due to his unemployment. When considering the personal status of offender Y, the Judge finds that Y has not committed an administrative breach or been sentenced. Y has never breached the law and has a stable job. Such considerations show that X’s personal status is worse than Y’s. If other details of the two cases are similar, the Judge should give a heavier penalty to X than to Y.
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