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Anonymous users2024-02-07For example, if a crime is committed, the statutory sentence is three to ten years
Mitigation is less than three years.
Aggravating means that it tends to be a maximum sentence, such as 8 years, 9 years, or 10 years.
Leniency is a preference for a minimum sentence, such as 3 years, 4 years, or 5 years.
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Anonymous users2024-02-06The number of mitigating and mitigating punishments in the criminal law is quickly differentiated: whether the sentence is imposed within the statutory penalty range. Lenient punishment refers to the application of a lighter or shorter sentence to a criminal within the scope of the statutory sentence.
It is neither a punishment below the "middle line" of the statutory sentence, nor a statutory minimum sentence. Whereas, mitigating punishment is the imposition of a sentence below the statutory penalty.
Article 62 of the Criminal Law: Where criminals have the circumstances provided for in this Law for a heavier punishment or a lighter punishment, they shall be given a criminal punishment within the legally-prescribed limits. Article 63: Where criminals have mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, the punishment shall be given within the next sentencing range of 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.
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Anonymous users2024-02-05The difference between mitigating and mitigating is whether the sentence is imposed within the scope of the statutory sentence.
Commutation of punishment refers to the imposition of a sentence below the statutory limit. A lenient punishment refers to a sentence imposed within the limits of the statutory sentence. It is neither a punishment below the "middle line" of the statutory sentence, nor a statutory minimum sentence.
1) The criminal responsibility to be borne by criminals shall be determined on the basis of the facts, nature, circumstances, and social harmfulness of the crime. That is, the principle of proportionality of crime and punishment;
2) Where there are provisions for heavier or lighter circumstances, a criminal punishment shall be given within the legally-prescribed limits;
3) Where there are provided for mitigating circumstances, a sentence below the legally-prescribed penalty shall be given.
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Anonymous users2024-02-04The difference between mitigating and mitigating punishment in criminal law: whether the sentence is imposed within the scope of the statutory sentence. Lenient punishment refers to the application of a lighter type of punishment or a shorter sentence to a criminal within the scope of the statutory sentence.
It is neither a punishment below the "middle line" of the statutory sentence, nor a statutory minimum sentence. Whereas, mitigating punishment is the imposition of a sentence below the statutory penalty.
[Legal basis].
Article 6 of the Criminal Code, Article 12.
Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.
Article 63.
Where criminals have mitigating circumstances provided for in this Law, they shall be given a 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.
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.
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Anonymous users2024-02-031. Circumstances where punishment shall be mitigated or commuted:
Where a person who has already reached the age of 14 but is not yet 18 years old commits a crime, the punishment shall be mitigated or commuted;
Where a person who has already reached the age of 75 intentionally commits a crime or commits a crime of negligence, the punishment shall be mitigated or commuted;
Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived;
Where emergency evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be commuted or waived;
Where they are coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of the crime.
where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted; and for accomplices, punishment shall be mitigated, commuted, or waived.
II. Circumstances in which punishment may be mitigated or commuted:
Where a person who has already reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted;
Where a deaf or dumb person or a blind person commits a crime, the punishment may be mitigated, commuted, or waived;
For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed;
For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offense;
Criminals who surrender themselves may be given a lighter or commuted punishment.
Legal basis] Article 17 of the Criminal Law, where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.
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