How can you sentence such a crime? How to sentence a criminal offense

Hehe, landlord, you don't have to be nervous, if she can succeed in such a frame, then the world is not chaotic, if she really went to the police station to report, then the police investigation is inevitable, but you can rest assured, these police are not the first time to touch these things, they have experience, your innocence they will clarify for you.

does not constitute a crime and therefore will not be sentenced.

It is best to negotiate a settlement, but generally no case will be filed.

Criminal offenses shall be strictly in accordance with the principle of legality for crimes. Based on the facts of the defendant's crime, the nature and circumstances of the crime, and the degree of harm to society, the judge shall sentence the defendant in accordance with the provisions of the Criminal Law. Penalties are divided into principal and supplementary punishments.

Lingfan control, criminal detention, fixed-term imprisonment, life imprisonment, death penalty; Additional penalties include fines, deprivation of political rights, and confiscation of property. The principal punishment and the supplementary punishment are to be applied at the same time, and the supplementary punishment may be applied independently.

[Legal basis].Criminal Law of the People's Republic of China》 Article 61: When deciding on punishment for 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 32: Punishments are divided into principal and supplementary punishments.

Article 33: The types of principal punishments are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4) life imprisonment;

5) The death penalty. Article 34: The types of supplementary punishments are as follows:

a) Fines; 2) deprivation of political rights;

3) Confiscation of property.

Additional punishment can also be used independently to dry hail.

The basis for sentencing for a criminal offense is "conviction", which first requires determining the crime constituted by the party and sentencing within the statutory sentencing range of the crime; The determination of the specific sentence needs to comprehensively consider the age of the parties, the seriousness of the circumstances, the degree of harm to society, and so forth, whether there are expressions of remorse, whether there are meritorious circumstances, whether there are circumstances that can be mitigated, commuted, or given a suspended sentence, and so forth; If the perpetrator commits multiple crimes and is punished concurrently, the sentence shall be cumulative.

[Legal basis].

Criminal Law of the People's Republic of China》 Article 61: When deciding on punishment for 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 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. 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.

Legal Analysis: The criminal punishment of a criminal offense follows the general principle of legality and proportionality of the crime. In other words, the sentencing of a criminal offense should be comprehensively determined on the basis of the specific crime, the degree of harm to society of the crime, the form of the crime, the criminal suspect's remorse, and whether there are concurrent punishments for multiple crimes.

Take, for example, the crime of intentional homicide, which is generally punishable by death, life imprisonment, or imprisonment for more than 10 years.

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

Article 3: Where the law clearly provides that it is a crime, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 5: The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.