The difference between being light and being light. The difference between lightening and lightening

The difference between mitigating and mitigating is whether or not the sentence is imposed within 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 mitigating circumstances, a criminal punishment below the legally-prescribed penalty shall be given.

It can be light, it means that it can be light, it can be light, it can not be light.

It should be lightened that it must be lightened.

The lenient punishment is within a sentencing or punishment range, and the punishment is from the lower line, but generally speaking, it is still within that range, for example, if a certain sentencing range is 3-10 years, then the application of the low-line sentence of 3 years according to the mitigating circumstances is lenient. Mitigation of punishment refers to the application of a new lighter sentencing range below the sentencing (punishment) range that should have been used. For example, if there are two sentencing ranges for a crime, one is up to 3 years imprisonment, short-term detention or controlled release, and the other is between 3 and 10 years imprisonment, the second sentencing range should have been applied to the criminal's conduct, but because there are statutory mitigating circumstances, the first sentencing range is applied and he is sentenced to 2 years imprisonment.

Legal Analysis: The lenient punishment is within the scope of the statutory punishment, the mitigated punishment is lower than the statutory punishment, and the degree of the mitigated punishment is less than the mitigated punishment.

Legal basis: Criminal Law of the People's Republic of China

Article 62: 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 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.

The difference between "light" and "mitigated" is that the reference is different, the emphasis is different, and the citation is different

First, the reference is different.

1. Leniency: refers to lenient punishment and lenient leniency.

2. Reduction: reduce weight, quantity or degree.

Second, the focus is different.

1. Lenient: Punishment according to the lighter level.

2. Mitigation: Lower the level of punishment again.

3. Different citations and usages.

1. Light: Ba Jin's "Perdition" Chapter 15: "After some beatings, the screaming and scolding of the beaten person began to lighten up. ”

2. Mitigation: Ba Jin, "About the Fourth Ward": She is always trying to help others alleviate their pain and inspire the courage of others' lives. ”

1. Lenient punishment refers to sentencing a criminal punishment within the limits of the statutory penalty. Lenient punishment does not refer to punishment below the "middle line" of the main statutory sentence, nor does it refer to the imposition of the statutory minimum sentence. A lighter punishment is given in relation to a sentence that would normally be imposed in the absence of aggravating or mitigating circumstances.

2. Commutation of punishment refers to sentencing a criminal punishment below the legally-prescribed limit. For example, for the crime of fraud, "if the amount of fraud is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years but not more than ten years", if the sentence is three years, it is a lighter punishment, not a mitigated punishment.

To sum up, the mitigated punishment is within the scope of the statutory punishment, the mitigated punishment is lower than the statutory punishment, and the degree of the mitigated punishment is less than the mitigated punishment.

Legal Analysis: Lenient punishment refers to the fact that where a criminal has mitigating circumstances as provided for in the Criminal Law, he shall be sentenced to a criminal punishment within the limits of the legally-prescribed punishment. Commutation refers to the fact that where criminals have mitigating circumstances as provided for in the Criminal Law, they shall be given a punishment below the legally-prescribed penalty; Where there are several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.

Legal basis: Article 62 of the Criminal Law of the People's Republic of China: Where criminals have the circumstances provided for in this law for heavier or lighter punishments, they shall be given a criminal punishment within the limits of the legally-prescribed punishment.

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 given 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.

Legal Analysis: Lenient punishment refers to the punishment of a criminal with a lighter or shorter sentence within the scope of the statutory criminal law, and generally lenient punishment is applicable to all crimes, that is to say, the degree of punishment is lighter, such as minors and accomplices. Mitigating punishment refers to the application of a penalty below the statutory criminal law, which is limited to the principal sentence.

In accordance with the provisions of relevant laws, where criminals have mitigating circumstances provided for by law, they shall be given a punishment below the legally-prescribed penalty; Where there are several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.

Legal basis: Article 63 of the Criminal Law of the People's Republic of China: Where criminals have mitigating circumstances as provided for in this Law, they shall be sentenced 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.

1. What are the differences between leniency and mitigation?

1. There are two differences between leniency and mitigation, namely:

1) The concept is different. "Lenient punishment" refers to the imposition of a lighter type or scope of punishment on the perpetrator within the type and scope of punishment prescribed by law. Mitigating punishment refers to penalties that are lower than the statutory minimum penalty category and minimum penalty range;

2) The scope is different. Commuted punishments shall be within the scope of sentencing, below the legally-prescribed minimum sentencing standards.

2. Legal basis: Article 62 of the Criminal Law of the People's Republic of China.

Aggravating Punishment and Mitigating Punishment] Where criminals have the circumstances of heavier punishment or lighter punishment provided for in this Law, they shall be given a criminal punishment within the legally-prescribed limits.

Article 63.

Commutation of Punishment] Where criminals have the 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, 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.

2. What circumstances may the punishment be mitigated or commuted.

1. Not directly involved in the illegal act of information disclosure of the impermeable mill;

2. Before the illegal behavior is discovered, take the initiative to ask the company to take corrective measures or report to the first regulatory agency in a timely manner;

3. After learning that the company's information disclosure is illegal, raise questions to the company's relevant supervisors or the company's superiors and take appropriate measures;

4. Cooperate with the investigation of the first regulatory agency and have meritorious performance;

5. Being coerced by others to participate in illegal acts of information disclosure;

6. Other circumstances that need to be considered.