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An official from China's Dongguan Intermediate People's Court has clarified that the so-called "money-for-crime" policy for criminals is initiated in the victim's best interests and must be implemented with all preconditions met.

Liang Cong, a presiding judge with the court in Guangdong Province, made the remarks in response to rising public concerns over a string of lighter-than-expected sentences handed down by the court to defendants who financially compensated their victims.

The penalties triggered disputes as some worried rich criminals would escape from proper punishment by paying a sum of money which could be of little significance to them.

Liang, in an interview with the Shanghai-based Morning News newspaper, said the policy conformed to the spirit of the national Supreme Court. The court advocates prudent use of the death penalty and resumed the judicial review of such a sentence's procedure from January 1.

The Court indicates that criminals can be handed a lighter penalty if they're positive about paying compensation to victims or their families.

Liang explained that not every case was suitable and that the policy's efficacy has nothing to do with the wealth of criminals. He revealed the policy would be adopted only if three basic premises were met.

First, the defendant must confess every detail of the crime and be forthcoming in making compensation.

Second, opinions from the side of the victim must be affirmative. The judge can deliver a lighter penalty only after the victims or their families accept the terms of the compensation and a lighter punishment for the criminal.

Third, the policy doesn't apply to criminals involved in cases of extreme violence. For example serial killers, no matter what their ability or willingness to compensate victims' families, won't be considered.

Liang said compensation to victims hadn't been stressed before and defendants normally declined the compensation package. This was to the financial detriment of those involved. 

He said compensation was expected to help the families of victims rebuild their lives and to minimize their bitterness towards the criminals.

The policy has been praised by certain legal insiders. Jiang Qinghan, a lawyer from Shanghai-based Guangmao Law Office, said it should be flexible and display tolerance when regretful criminals, according to the terms of the policy, wished to compensate people in a bid to make amends for their crimes. 

Jiang also revealed that infrastructural courts had dealt with cases in this "softened" way for a long time but in a low profile way.

(CRI February 1, 2007)