Individual Submission Summary
Share...

Direct link:

Sentencing Data Crimes in Chinese Courts: The Impact of Focal Concerns on Punishment

Thu, Nov 14, 8:00 to 9:20am, Nob Hill A - Lower B2 Level

Abstract

The focal concerns framework stands as the leading theoretical approach in criminology to account for differences in sentencing outcomes. Despite extensive empirical research, this framework has yet to be thoroughly examined in the context of cybercrime or data crime and in non-Western legal cultures. This study examines the following question: to what degree and in what ways do Chinese judges take into account the original focal concerns of blameworthiness, protecting the community, and practical limitations when making their sentencing decisions? Analyzing 2,052 sentencing remarks on data crime cases adjudicated in China from 2013 to 2023, and incorporating insights from semi-structured interviews with six judges specializing in data crime, our research indicates that sentencing decisions in data crime cases in China are consistently shaped by the three focal concerns, although rather different factors associated with these concerns impact the assessment of the data crime case severity.

Author