术语“量刑不当”的详细信息

英译术语:

inadequate sentencing

汉语语境:

加强审级监督和审判监督，共审结刑事二审案件47万余件，对其中认定事实不清、定罪量刑不当的9万余件，依法予以改判或发回重审，同比下降2.4个百分点；重视涉法涉诉信访，认真查办历年来生效刑事裁判申诉案件6万余件，同比上升22.45％，对其中确有错误的8282件予以改判或发回重审，维护法律的严肃性。

英语语境:

The supervision of the trial level and adjudication should be enhanced. Among over 470 thousand criminal appeal cases concluded, over 90 thousand cases which are not facts-based and are inappropriately meted out, falling down 2.4% year-on-year. 8282 cases have changed the original sentences which were falsely judged according to law or have been remanded for retrial, which safeguards the solemnity of the law.

英译术语:

inappropriately meted out

汉语语境:

第二审人民法院对不服第一审判决的上诉、抗诉案件，经过审理后，应当按照下列情形分别处理：（一）原判决认定事实和适用法律正确、量刑适当的，应当裁定驳回上诉或者抗诉，维持原判；（二）原判决认定事实没有错误，但适用法律有错误，或者量刑不当的，应当改判；（三）原判决事实不清楚或者证据不足的，可以在查清事实后改判；也可以裁定撤销原判，发回原审人民法院重新审判。

英语语境:

After hearing a case of appeal or protest against a judgment of first instance, the People's Court of second instance shall handle it in one of the following manners in light of the different situations: (1) if the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the People's Court shall order rejection of the appeal or protest and affirm the original judgment. (2) if the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the People's Court shall revise the judgment. (3) if the facts in the original judgment were unclear or the evidence insufficient, the People's Court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the People's Court which originally tried it for retrial.