laitimes

List of common sentencing scenarios

author:Lawyer Wei Xinju in Beijing
name Considerations Discretion annotations
Juvenile delinquency Ability to recognize the crime, motivation and purpose, age, occasional offender, first-time offender, repentance, personal growth experience and consistent performance 14-16 years old, reduced base sentence 30%-60%
16-18 years old, reduced base sentence by 10%-50%
Attempted offense The extent to which the crime was committed, the extent of the damage, the reasons for the failure, etc 50% reduction in base sentence
An accomplice Status, role, etc. in joint crimes The base sentence is reduced by 20%-50%; if the crime is less serious, it is reduced by more than 50% or the punishment is waived
surrender The motive, timing, manner, severity of the crime, degree of truthful confession, and expression of repentance (b) Where the crime is less serious, it is reduced by more than 40 per cent or the penalty is waived Except for malicious use of voluntary surrender to circumvent legal sanctions
confess Truthfully confess the stage, extent, severity of the crime, degree of repentance, etc The base sentence is reduced by less than 20 per cent
For the same more serious offence that has not yet been mastered, the base sentence is reduced by 10%-30%
To avoid particularly serious consequences, the base sentence is reduced by 3%-50%
Voluntarily plead guilty in court The nature of the crime, the gravity of the crime, the degree of confession and the expression of remorse The base sentence is reduced by less than 10 per cent Except where it is determined to be voluntary surrender or confession in accordance with law
make contributions The size, frequency, content, source, effect, and severity of the crime General meritorious service, reduce the base sentence by 20%.
For major meritorious service, the base sentence is reduced by 20%-50%; where the crime is relatively minor, it is reduced by more than 50% or the punishment is waived

Return stolen goods

Refunds

The nature of the crime, the degree, amount and degree of initiative The base sentence is reduced by less than 30 per cent Robbery and so on are strictly controlled
understanding The nature of the crime, the amount of compensation, the ability to make reparations, and the degree of confession and repentance The base sentence is reduced by less than 40 per cent Robbery, rape, or other crimes that seriously endanger public order shall be strictly controlled
Compensation without understanding, minus 30%.
No compensation is forgiven, less than 20%.
reconciliation The nature of the crime, the amount of compensation, the apology and sincere repentance (b) Where the crime is less serious, it is reduced by more than 50 per cent or the penalty is waived Article 277 of the Code of Criminal Procedure
recidivism The nature, severity, timing, etc. of the crime before and after Increase the base sentence by 10-40%, not less than 3 months
criminal record Nature, spacing, frequency, weight Increase by less than 10%. Except for negligence, minors
Harmful The nature and severity of the crime Increase by less than 20%.
disaster Nature, epidemics, etc Limited to intentional crimes