| Initially the criminal policy of tempering justice with mercy had distinct judicial characteristics, whether in terms of its written expressions and in terms of its practical application. However, with its expansion from judicial understanding to legislation thinking, this policy has been turned into a "basic criminal policy". At the beginning, there had been small-scale and sporadic debates in the theoretical circle on the appropriateness of this transformation. However, ultimately these debates were ignored and the original aim of the policy was not adhered to. The expensive interpretation of the policy has not been systematically demonstrated and lacks sufficient justification. The criminal law dominated by policy shows the same characteristics, that is, dominance of power is becoming increasingly apparent, little consideration is given to the procedural and stability requirements on legislation, frequent revision of law becomes a rule, and there have been numerous examples of legislation made on the basis of policies in the process of the revision of the Criminal Law. The main characteristics and basic quality of legislation indicate that it is impossible for criminal policy of tempering justice with mercy to be directly expressed in legislation. The argument that this policy is also a legislative policy leads to the following logic dilemmas, that is, the difficulty to coordinate the relationship between this policy and the policy of combining punishment with leniency, the repetitive assessment or nihilization of the policy, the impossibility for this policy to cover all the quality requirements and complicated grounds of legislation, and the loss of the ground for "tempering" after the replacement of old norms by new ones. |
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