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If it is the same case, it will be handled together, and if it is not the same case, it will be handled separately.
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is useful. Where a crime is reported and the case is solved through investigation by the public security organs, helping the public security organs to solve the case is a meritorious service, and the court will give a sentence based on the seriousness of the circumstances of the case, and where the case is reported to be serious, the sentence is commuted or released at court.
Legal analysisWhere criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important leads, thus enabling the investigation of other cases, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived. Major meritorious service refers to criminals reporting and exposing the major criminal acts of others, and providing clues for the detection of other major cases; Prevent the major criminal activities of people from being sold to others; Assist judicial authorities in apprehending suspects (including co-defendants) of major criminal suspects; Other significant contributions to the country and society. Criminal suspects who report the criminal conduct of others during the trial period are major meritorious service and have a lenient sentence in sentencing.
Determination of meritorious service: "The meritorious service must be an act carried out by the criminal himself. Where criminals' relatives and friends directly expose the criminal conduct of others to the relevant organs, provide important leads in the investigation of other cases, or assist the judicial organs in apprehending other criminal suspects, so that criminals receive lenient punishment, it shall not be found to be a criminal's meritorious service.
"Verification of facts" is a statutory requirement for determining meritorious service. A responsible person of the Supreme People's Court said: In practice, some cases often only have simple explanations, and it is difficult for the judicial organs to draw conclusions on this basis. In order to ensure the seriousness of the determination of meritorious service, in accordance with relevant provisions, in the review of whether a meritorious service is constituted, it is necessary to review not only the explanatory materials of the case-handling organ, but also the relevant facts and evidence, as well as the legal documents related to the qualitative punishment of the case.
Legal basisArticle 68 of the Criminal Law of the People's Republic of China: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, thereby enabling the detection of other cases, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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Legal Analysis: Yes. If the sentence has been imposed, but the person who committed the crime has not been revealed, the truth of the matter can be confessed in prison, and the police will search and re-investigate, and the court will make a new judgment.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 84: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property.
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For circumstances of meritorious service, comprehensively consider circumstances such as the size, frequency, content, effect, and severity of the crime to determine the range of leniency, and where there is a major meritorious service, the base sentence may be reduced by 20%-50%. Major meritorious contributions include preventing others from obscuring major criminal activities, reporting major criminal activities inside or outside prisons, which are verified to be true, and sacrificing oneself to save others in daily production and life.
Criminals sentenced to the prison system, short-term detention, fixed-term imprisonment, or life imprisonment during the period of enforcement 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.
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For circumstances of meritorious service, comprehensively consider circumstances such as the size, frequency, content, effect, and severity of the crime to determine the range of leniency, and where there is a major meritorious service, the base sentence may be reduced by 20%-50%. Major meritorious service includes stopping the major criminal activities of others, reporting major criminal activities inside and outside the prison, which is verified to be true after investigation, sacrificing oneself to save others in daily production, and living a life of sacrificing oneself to save others.
Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment under the first paragraph of article 78 of the Criminal Law may have their sentences commuted if during the period of enforcement 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) Sakura has made other significant contributions to the country and society.
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Reporting and exposing the criminal acts of others, if it is verified to be true, constitutes meritorious service. Therefore, where a report after sentencing meets the requirements for meritorious service, meritorious service may be established. China's Criminal Law clearly stipulates that where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, thereby enabling the investigation of other cases, the punishment may be mitigated or commuted.
Legal basis: Article 68 of the Criminal Law of the People's Republic of China: Where criminals expose the criminal conduct of others, verify the facts, or provide important clues, so as to be able to solve other cases of Jian Sui, or other meritorious service and laughter, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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Legal Analysis: Whether or not it can constitute meritorious service depends on whether the reported circumstances are facts and whether it is helpful in solving the case, as follows: Article 68 of the Criminal Law of the People's Republic of China: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, so that they can solve other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
Legal Basis: "The People's Republic of China Respects the Great Calendar and the Criminal Law of the People's Republic of China" Article 68: Where criminals have made meritorious contributions such as exposing the criminal conduct of others and verifying the facts, or providing important leads to the investigation of other cases, they may be given a mitigated or commuted punishment; Where there is major meritorious service, punishment may be commuted or waived.
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