Minor injuries, accomplices, not caught, what punishment for surrendering

If the suspect is an accomplice to the joint crime of intentional injury (causing minor injury) and has circumstances of voluntary surrender, the punishment shall be mitigated, commuted, or waived within the statutory sentence (up to three years imprisonment, short-term detention, or controlled release) (in judicial practice, most punishments are waived or not punished).

Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Article 27: [Accomplices] Those who play a secondary or auxiliary role in a joint crime are accomplices.

For accomplices, punishment shall be mitigated, commuted, or waived.

Article 67: [Voluntary Surrender] Those who voluntarily surrender after committing a crime and truthfully confess their own 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 they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

If it is intentionally wounded, it may be a little heavier. However, age is a problem, he turned himself in at a young age, and he also helped ** solve the case, and he had the opportunity to be released by education.

There are many unknowns, such as what crime has been committed; The circumstances of the whole case: consequences, social harm, and so on.

If you are a repeat offender, it is not possible to suspend the sentence; If the person surrenders voluntarily, the sentence can be reduced by up to 40% after the judge sets the base sentence.

Sentenced to probation or controlled release.

Voluntary surrender is to be given a lighter punishment in accordance with law.

Hello, your question lawyer Huang Qiaowen is as follows:

The punishment may be mitigated.

The sooner a criminal lawyer intervenes, the better it is for the client, and the lawyer can do a lot of work, and professionalism and responsibility are the greatest guarantees. The rights of lawyers to intervene in the investigation stage are: 1. to provide legal assistance and legal advice; 2. Appeals and accusations; 3. Apply for modification or lifting of compulsory measures; 4. Learn from the investigating authorities about the suspect's suspected crimes and the relevant circumstances of the case; 5. Put forward defense opinions; 6. Meetings and correspondence; 7. Apply for release on bail pending further investigation; 8. Apply to the people's procuratorate to conduct a review of the necessity of detention.

At the stage of examination and prosecution, the file can be consulted and copied; Application for investigation and evidence collection, etc. to the court trial stage to appear in court to defend and so on.

Article 67 of the Criminal Law of the People's Republic of China stipulates that those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. 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 a crime against which compulsory measures has been taken agitated the suspect to be buried, the defendant, or the convict who is currently serving a sentence, and truthfully confesses his or her other crimes that the judicial organs have not yet learned, it is to be considered voluntary surrender.

That is to say, voluntary surrender is a statutory mitigating circumstance, not an injury case, and any kind of case can be mitigated after surrendering, but it must be understood that it is possible here, that is, it is generally to be mitigated, but it is not excluded that some special cases are not mitigated.

Except for those who were under the age of 18 at the time of the crime, the punishment should be mitigated or commuted, and the rest can be mitigated or mitigated, so this sentence is false.

Wrong. 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 may be mitigated or commuted. Note that it is "may" and not "shall".

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.

Voluntary surrender is a mitigating circumstance and may be sentenced below the statutory penalty.

According to the provisions of the law, the perpetrator of the crime has the circumstance of voluntarily surrendering, and should be given a lighter punishment in accordance with the law. Whether or not the facts of the crime of voluntary surrender are discovered by the case-handling organs affects the scope of the lenient punishment for voluntary surrender. Where the facts of the crime of voluntary surrender are not discovered by the case-handling organs, the base sentence may be reduced by up to 40%, and generally not more than 4 years.

Where the facts of the crime of voluntary surrender have already been discovered by the case-handling organs, but have not yet been investigated, interviewed, or interrogated, the base sentence may be reduced by up to 30%, and generally not more than 3 years. If a person is suspected of the crime of intentional injury caused by a fight, he may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. The specific sentencing depends on the circumstances.

Article 234 of the Criminal Law of the People's Republic of China [ Intentional injury ; Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or causes serious injury to a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.