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 |