The sentencing circumstances and what are the sentencing circumstances

Legal Analysis: Sentencing circumstances in the Criminal Law refer to all kinds of factual circumstances that should or may be considered in deciding whether to sentence the offender and the severity of the punishment in addition to the facts of conviction provided for or recognized by criminal law, reflecting the degree of harm to society of the criminal conduct and the degree of personal danger of the offender.

Legal basis: "Criminal Law of the People's Republic of China" Article 61: When criminals decide on the punishment of a sedan chair, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

"Sentencing circumstances" refers to the various circumstances that are made at the time of sentencing regarding the harm to society caused by the specific offender's criminal conduct and the degree of personal danger to the offender, and which may be accredited by law as being heavier, mitigated, commuted, or waived from punishment. When deciding on the punishment of criminals, they shall be sentenced in accordance with the provisions of the Criminal Law on the basis of the facts of the crime, the nature of the crime, the circumstances of the crime, and the degree of harm to society. Article 61 of the Criminal Law of the People's Republic of China: When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 63: Where criminals have mitigating circumstances provided for in this law, they shall be sentenced to a criminal punishment below the legally-prescribed penalty; Where this Law provides for several sentencing ranges, the sentence shall be given within the sentencing range next to the legally-prescribed sentencing range. Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.

The sentencing circumstances on which China's people's courts base their sentencing of criminal suspects refer to the various facts and circumstances on which the people's courts base their decision on the severity of the punishment or the basis for waiving punishment when the people's courts determine the severity of the punishment or waive punishment on the premise that a certain conduct has already constituted a crime. Sentencing circumstances are divided into two categories: statutory circumstances and discretionary circumstances.

1. Conditions for relative non-prosecution.

"Relative non-prosecution" refers to the people's procuratorate's decision not to prosecute in accordance with law when, after review, it finds that the criminal suspect's criminal conduct is minor and that it is not necessary to impose a criminal penalty or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate makes a decision not to prosecute in accordance with law in a case that has been transferred for review for prosecution at the end of the investigation by the investigating organ. Under the condition of relative non-prosecution, the people's procuratorate may make a decision not to prosecute or a decision to prosecute. The application of relative non-prosecution shall meet the following statutory conditions:

1.The people's procuratorate finds that the criminal suspect's conduct has constituted a crime and shall bear criminal responsibility. The facts of the case are clear, the evidence is credible and sufficient, and the criminal suspect's conduct has constituted a crime in accordance with the provisions of the Criminal Law, and criminal responsibility may be pursued in accordance with law.

2.The offence is minor. Based on comprehensive consideration of circumstances such as the means, targets, harmful consequences, motives, and goals of the criminal suspect's criminal conduct, as well as the criminal suspect's age and consistent behavior, the circumstances of the crime are found to be minor.

3.No penalty is required under the Penal Code. "It is not necessary to impose a criminal punishment in accordance with the provisions of the Criminal Law" mainly refers to the fact that although there are no circumstances to exempt punishment, the circumstances of the criminal suspect's crime are minor and the harm to society is relatively small, and it is found that a criminal punishment is not necessary in light of the specific circumstances of the case as a whole, combined with the provisions of the Criminal Law and judicial interpretations on statutory punishment and sentencing standards.

Article 67 of the Criminal Code.

Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

Where criminal suspects or defendants who have been subjected to compulsory measures, or convicts who are currently serving a prison sentence, truthfully confess their own other crimes that are not yet known to the judicial organs, they are to be considered to have voluntarily turned themselves in.

Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

can reduce the punishment.

The statutory sentencing circumstances are as follows:1In preparation for a crime, the preparatory offender may be given a mitigated punishment, commuted punishment, or waived punishment by comparison with the completed offense.

2.For attempted crimes, the punishment may be mitigated by comparison with the mitigated or scattered offenders. 3.

Where the crime is suspended, punishment shall be waived for the suspension offense where no harm has been caused; where harm is caused, punishment shall be commuted.

[Legal basis].

Article 22 of the Criminal Law of the People's Republic of China: Preparation for a crime is preparation for a crime where tools and conditions are prepared for the purpose of committing a crime. For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed. Article 23 of the Criminal Law of the People's Republic of China provides that an attempt to commit a crime has already been committed, and it is an attempt to commit a crime if it is not succeeded due to reasons other than the will of the criminal.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. Article 24 of the Criminal Law of the People's Republic of China: Suspension of a crime is a suspension of a crime where the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented from occurring. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.