对“恶势力”犯罪从重处罚，既是扫黑除恶刑事政策变化的题中之义，也是“恶势力”犯罪特征的当然要求，应当在规范化量刑时，作为“酌定从重处罚情节”予以从重处罚。但是，如何从重处罚在实践中出现了一定偏差，存在未予从重处罚或不加区别地从重处罚两个误区，造成了“从严惩处”刑事政策适用不统一等问题；应在量刑中提高基准刑，并且提高的幅度应尽量统一、规范。“恶势力”团伙、犯罪集团的从重标准、不同罪数形态的从重规则要有所区别，要注意避免犯罪情节重复评价，规范加大财产刑的力度。经过对2019年中国裁判文书网100份涉“恶势力”犯罪的判决为样本分析，本文提出应对“恶势力”犯罪在量刑中提高基准刑，增加基准刑的10%-30%。具体调节比例确定时，还应结合个案中的相关因素予以调整，并区别不同的罪数形态，同时还应适用禁止重复评价原则。充分利用财产刑从严惩处，在对刑期在有期徒刑十年以下的“恶势力”犯罪的被告人并处财产刑时，可以判处犯罪金额二倍以上的罚金；对于刑期在有期徒刑十年以上的，可以并处没收财产。

关键词：“恶势力”犯罪、从重处罚、量刑规范

The heavy punishment of “evil forces” crime is not only the meaning of the change of criminal policy to eliminate evil, but also the de facto requirement of the criminal characteristics of “evil forces”, which should be severely punished as a “discretionary heavy punishment” when the punishment is standardized. However, there is a certain deviation around the formation the heavy punishment in practice. There are two misunderstandings from no heavy punishment or from no distinction, which results in the inconsistency on “severe punishment” criminal policy application. The benchmark punishment should be raised in the sentencing, and the magnitude of the increase should be as uniform and standardized as possible. The heavy standard and the heavy rules of different forms of crime for “evil forces” gangs and criminal groups should be different, repeated evaluation of the crime should be avoided, and the increasing intensity of property punishment should be normed. After a sample analysis of 100 sentences related to “evil forces” crimes in China’s Judicial Document Network in 2019, this paper proposes to raise the benchmark penalty in sentencing and increase the benchmark penalty by 10%-30%. When the specific adjustment ratio is determined, it should also be adjusted according to the relevant factors in each case, distinguish between different crime patterns, and apply the principle of prohibiting repeated evaluation. Making full use of property punishment by imposing a fine of more than twice the amount of the crime when the defendant of a “evil force” crime with a term of imprisonment of not more than ten years is sentenced to property punishment. For the term of imprisonment is more than ten years, however, the property may be confiscated.

Keywords: “Evil Forces” Crime, Heavy Punishment, Sentencing Norms