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If criminals have mitigating circumstances provided for in this Law, they shall be sentenced to a punishment below the legally-prescribed penalty. However, if it is a lenient punishment, it is within the statutory sentence.
Article 63 of the Criminal Law of the People's Republic of China, 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, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.
Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. 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, 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 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.
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Criminals who surrender themselves may be given a lighter or mitigated punishment. Of these, where the crime is relatively minor, punishment may be waived.
1. Reporting crimes related to oneself is generally not considered meritorious service.
If a prisoner reports a crime related to himself, but only involves his own crime and is not known to the judicial organs, it cannot be regarded as meritorious service, but shall be regarded as voluntary surrender.
Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in, and criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
II. How to determine voluntary surrender in smuggling cases.
Where criminals involved in smuggling cases voluntarily and directly surrender to the judicial organs when the facts of the crime have not been discovered by the judicial organs, or when they have been discovered but have not yet been interrogated or compulsory measures have been taken, they are considered to have surrendered voluntarily. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
3. What is the difference between surrender and arrest?
Voluntary surrender is not directly related to arrest, which is the arrest of a criminal. "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. 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. Criminals who are arrested are punished in accordance with the relevant provisions of the law and will not be punished in a reduced manner.
Article 67 of the Criminal Law of the People's Republic of China: 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.
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Legal Analysis: For criminals who surrender voluntarily, the punishment can be mitigated or mitigated. Of these, where the crime is relatively minor, punishment may be waived.
Legal basis: "Criminal Law of the People's Republic of China" Article 6 Seventeen: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are not 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.
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In accordance with the provisions of the Criminal Law, voluntary surrender may be mitigated or commuted.
Legal Analysis: Add one article after article 37 of the Criminal Law to be article 37-1: "Where a person is sentenced to a criminal punishment for taking advantage of his profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by his profession, the people's court may, on the basis of the circumstances of the crime and the need to prevent further crimes, prohibit him from engaging in the relevant profession for a period of three to five years from the date on which the criminal punishment is completed or the date of parole." >>>More