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For circumstances of voluntary surrender, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the motive, time, and method of voluntary surrender, the severity of the crime, the degree of truthful confession of the crime, and expressions of remorse; where the crime is relatively minor, the base sentence may be reduced by 40% or more, or punishment may be waived in accordance with law. Except where malicious use of voluntary surrender to evade legal sanctions is not sufficient for lenient punishment.
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Voluntary surrender refers to the act of a criminal voluntarily surrendering after committing a crime, truthfully confessing the crime committed, and accepting review and adjudication. According to the provisions of the Criminal Code, criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.
There are three types of punishments for criminals who surrender themselves: (1) It is a general principle that those who surrender themselves after committing a crime may be given a lighter or commuted punishment. (2) If the crime is relatively minor, punishment may be waived.
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Voluntary surrender may be mitigated or commuted.
Article 67 of the Criminal Law [Voluntary Surrender] 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.
The Supreme People's Court's Sentencing Guiding Opinions on Common Crimes": For circumstances of voluntary surrender, the base sentence may be reduced by up to 40 based on comprehensive consideration of circumstances such as the motive, time, and method of voluntary surrender, the degree of truthful confession of the crime, and expressions of remorse; where the crime is relatively minor, the base sentence may be reduced by 40% or more, or punishment may be waived in accordance with law. Except where malicious use of voluntary surrender to evade legal sanctions is not sufficient for lenient punishment.
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Those who turn themselves in after committing a crime may be given a mitigated or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived. Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered.
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.
1. What are the requirements for voluntary surrender?
Those who voluntarily surrender after being accused of 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.
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.
2. What is the principle of punishment for voluntary surrender.
Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived. Voluntary surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime.
Criminal suspects, defendants, and convicts who are currently serving a sentence who have been subjected to compulsory measures may also be considered to have voluntarily surrendered if they truthfully confess other crimes of their own that are not yet known to the judicial organs.
3. How is voluntary surrender determined?
Voluntary surrender refers to the act of voluntarily surrendering after committing a crime and truthfully confessing one's crime. 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. Accordingly, voluntary surrender can be divided into general voluntary surrender and quasi-voluntary surrender.
No game. The following conditions can be met to be considered voluntary surrender:
1. Automatic surrender;
2. Truthfully confess the crime;
3. Criminal suspects, defendants, and convicts who have already been sentenced for compulsory measures should truthfully confess their other crimes that the judicial organs have not yet grasped.
Article 67 of the Criminal Law: 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.
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 socks are poor because they truthfully confess their crimes and avoid especially serious consequences, the punishment may be commuted.
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Legal Analysis: For criminals who surrender themselves, the punishment may be mitigated or commuted.
Legal basis: Criminal Law of the People's Republic of China
Article 67: Where a person voluntarily surrenders after committing a crime and truthfully confesses his or her own crime, he or she voluntarily surrenders and hides it. Criminals who turn themselves in 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 judged as voluntary surrender.
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.
Article 68: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, thus enabling the investigation of other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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