Sentenced to 4 years and 3 months in the same case, how much can the sentence be reduced for volunta

A lighter punishment may be obtained, and the sentence may be reduced by 35% on the basis of the original base sentence, that is, the sentence can be reduced by one year and five months.

In the application of common sentencing circumstances in the Supreme People's Court's "Sentencing Guiding Opinions on Common Crimes", Article 8 clearly stipulates the commutation of the sentence for the return of stolen goods:

For the return of stolen goods or restitution, the base sentence may be reduced by up to 30 based on comprehensive consideration of circumstances such as the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harmful results, the amount of the returned stolen goods or restitution, and the degree of initiative; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled. Where there are circumstances of voluntary surrender and return of stolen goods at the same time, the sentence may be reduced by up to 40%-50%.

A lighter sentence may be obtained, and the sentence may be reduced by 35 per cent from the original base sentence. According to the "Supreme People's Court's Sentencing Guiding Opinions on Common Crimes", where there are circumstances of voluntary surrender and return of stolen goods at the same time, the sentence may be reduced by 40%-50%.

For circumstances of voluntary surrender, the base sentence may be reduced by up to 40 based on comprehensive consideration of circumstances such as the motive, time, and method of voluntary surrender, the severity of the crime, the extent to which the crime was truthfully confessed, and expressions of remorse; Where the crime is relatively minor, the base sentence may be reduced by 40 or more or punishment may be waived in accordance with law.

1.For the return of stolen goods or restitution, the base sentence may be reduced by up to 30 based on comprehensive consideration of circumstances such as the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harmful results, the amount of the returned stolen goods or restitution, and the degree of initiative;

2.Where the victim's economic losses are actively compensated and forgiveness is obtained, the base sentence may be reduced by up to 40 based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, the ability to make compensation, and the degree of admission of guilt and remorse; where positive compensation is made but forgiveness is not obtained, the base sentence may be reduced by up to 30; Although there is no compensation, if forgiveness is obtained, the base sentence may be reduced by up to 20.

Legal analysis: How much the sentence can be reduced by surrendering and returning stolen goods needs to be analyzed on a case-by-case basis according to the actual situation. Voluntary surrender is reduced by up to 40%, crimes committed more than minor crimes are reduced by 40% or punishment is waived, ordinary meritorious service is reduced by 20%, major meritorious service is reduced by 20%-50%, and voluntary return of stolen goods is reduced by up to 30%, of which robbery and other crimes that seriously endanger public security shall be strictly controlled.

Legal basis: "Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There are inventions, creations, or major technological innovations;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.

Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance and reform" refers to meeting the following conditions at the same time:

1) Confession of sin and repentance;

2) Abide by laws, regulations, and supervision rules, and accept education and reform; Shout counting.

3) Actively participate in ideological, cultural, and vocational skills education;

4) Actively participate in labor and strive to complete labor tasks.

Legal Analysis: Where a person voluntarily surrenders and returns stolen goods and is sentenced to fixed-term imprisonment, the sentence may be reduced by up to one-half of the original sentence. Commutation refers to criminal judicial activities in which convicts who have been sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment in accordance with law have legally prescribed circumstances for commutation, and the organ responsible for enforcing the criminal punishment submits materials, and the people's court commutes the original sentence in accordance with law.

Legal basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance" refers to meeting the following conditions at the same time:

1) Confession of sin and repentance;

2) Abide by laws, regulations, and supervision regulations, and receive education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious performances, the punishment shall be commuted:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There are inventions, creations, or major technological innovations;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.

The standards for commutation of stolen goods are: For the return of stolen goods or restitution, the base sentence may be reduced by up to 30% based on comprehensive consideration of the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harmful results, the amount of the return of stolen goods or restitution, and the degree of initiative; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled.

Legal basis

Article 8 of the "Sentencing Guiding Opinions on Common Crimes" provides: For the return of stolen goods or restitution, the base sentence may be reduced by up to 30% based on comprehensive consideration of the nature of the crime, the degree of intensity that can be compensated for the harm by the act of returning stolen goods or restitution, the amount of return of stolen goods, and the degree of initiative; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled.

Legal analysis: It needs to be analyzed according to the actual situation. Those who voluntarily surrender after committing a crime may be given a lighter or commuted punishment.

Where the crime is relatively minor, the punishment may be mitigated. Lenient punishment means a lighter punishment within the base sentence, if the law provides a sentence of 3 10 years, the court may give a lighter sentence of 3 years; If the law provides for 3 10 years, the court may reduce the sentence to less than 3 years. Where they voluntarily surrender and return stolen goods, the base sentence may be reduced by up to 30%.

Legal basis: Article 67 of the Criminal Law of the People's Republic of China: Voluntary surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime to the public security, judicial organs, or other relevant organs. Criminals who surrender themselves may be given a lighter or mitigated punishment.

Among them, punishment may be waived for those who commit relatively minor crimes. Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered. Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs, they may be given a lighter punishment if they truthfully confess their own crimes; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

However, where robbery and other crimes that seriously endanger public order are to be severely commuted, the sentence shall be severely commuted.

Article 8 of the "Sentencing Guiding Opinions on Common Crimes": For the return of stolen goods or restitution, the base sentence may be reduced by up to 30 based on comprehensive consideration of the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harm, the amount of the return of stolen goods or restitution, and the degree of initiative; Among them, robbery and other serious crimes that endanger public order should be strictly controlled.