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法院预收罚金,是指在判决宣告前被告人根据法院要求主动向法院缴纳一定数额的金钱作为将来判决时的罚金。法院预收罚金从轻处罚符合罪刑相适应原则;法院预收罚金从轻处罚并不违背刑法公平原则。开庭审理前,法院预收罚金不具有法理上和逻辑上的正当性;在被告人最后陈述后判决宣告前,法院可以预收罚金。对法院不当预收罚金的,检察机关应当采取纠正违法和抗诉两种手段进行监督。
Fines collected by the court mean that the defendant, before the judgment was pronounced, volunteered to pay the court a certain amount of money according to the court’s request as a fine in future judgments. The penalty for the advance payment of the court accords with the principle of appropriate punishment for crimes and punishments. The lighter punishment of the court with the advance payment of penalty does not violate the principle of fairness in criminal law. Before the court hearing, the court does not have the legal penalty and the legal justification; the defendant’s statement before the verdict, the court can advance a fine. If the court improperly receives a fine, the procuratorial organ shall take the measures of rectifying the illegal and protesting against the two methods of supervision.