The Supreme People's Court Interpretation(1997)No.5,in its Article 10,states that ca-ses retried under the supervision procedure should"apply the law in force at the time of the act".Howev-er,for changes in the new law that decriminalize or lighten penalties,it is necessary to establish specific application rules for these changes.Defendants should not benefit from lighter penalties under the new law just for that reason.In special cases,courts can allow favorable retrospective application based on new judicial interpretations without violating the principle of legality.For cases with lighter penalties un-der the new law,while the law in force at the time of the act applies,sentencing should consider the new law's direction,and the special mitigation system under Criminal Law Article 63,Clause 2,can be a normative basis.This"relative favorability retrospective theory"balances legal stability and justice,pre-venting defendants from suffering multiple disadvantages and reducing courts'impulse to initiate retrials that are clearly unfavorable to defendants.Future modifications to this provision should be considered.
Criminal RetrialLegal StabilityNew LawRetrial without Additional PunishmentRelative Favorability Retrospective Theory
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