Guangdong Higher Law Fa [2014] No. 14
I, the guiding principles of sentencing
1. Sentencing should be based on the facts, the law as a guideline, according to the facts of the crime, the nature of the circumstances and the degree of harm to society, to determine the penalty imposed.
2. Sentencing should take into account both the seriousness of the crime committed by the defendant and the degree of criminal responsibility incurred by the defendant, so as to ensure that the punishment fits the crime and to realize the purpose of punishment and crime prevention.
3. Sentencing should carry out the criminal policy of leniency and severity, so that the leniency of leniency, when the strictness of strictness, leniency and severity, the punishment is appropriate to the crime, to ensure that the adjudication of the unity of the legal effect and good social effect.
4. Sentencing should objectively and comprehensively grasp the economic and social development of different regions in different periods and changes in the security situation, to ensure the realization of the criminal law tasks; for the same region in the same period of time, the case is similar to the case, the penalties imposed should be basically balanced.
The basic method of sentencing
Sentencing should be based on qualitative analysis, combined with quantitative analysis, in order to determine the starting point of sentencing, the base sentence and the sentence pronounced.
1. Steps of sentencing
(1) Determine the starting point of sentencing within the corresponding legal range of punishment according to the facts of the basic criminal constitution;
(2) Determine the base sentence by increasing the amount of punishment based on the starting point of sentencing according to the facts of other crimes affecting the amount of crime, the number of times of crime, and the consequences of crime;
(3) Adjust the base sentence according to the circumstances of the sentencing base sentence, and comprehensively consider the whole case, according to the law to determine the sentence to be pronounced.
2. Methods of adjusting the base sentence
(1) If there is a single sentencing circumstance, the base sentence is directly adjusted according to the adjustment ratio of the sentencing circumstance.
(2) with more than one sentencing circumstances, generally according to the adjustment ratio of each sentencing circumstances, the same way to add, reverse reduction method of adjusting the base sentence.
(3) with the juvenile crime, the elderly crime, the crime of mental patients with limited capacity for behavior, the crime of deaf and mute people or blind people, over-defense, over-avoidance, the crime of pre-criminalization, the crime of attempted crime, the crime of apj suspension, accessory, coerced accessory and abettor, etc., the first to apply the quantum of sentencing circumstances to the benchmark amputation adjustment, on the basis of which the other quantum of sentencing circumstances to adjust the first.
(4) If the defendant commits several crimes, and at the same time has the sentencing circumstances of merit and recidivism applicable to each crime, the sentencing circumstances shall first be applied to regulate the baseline sentence for each crime and determine the penalty to be imposed for each crime, and then the punishment shall be imposed on the several crimes according to the law and the penalty to be executed shall be decided.
3. Determination of the method of sentencing
(1) sentencing circumstances of the base sentence adjustment results in the range of legal penalties, and the crime and punishment are appropriate, can be directly determined as the sentencing; if there should be mitigating circumstances, the statutory minimum penalty should be determined below the sentencing.
(2) sentencing circumstances of the base sentence adjustment results in the statutory minimum sentence below, with the statutory mitigating circumstances, and the crime and punishment are appropriate, can be directly determined as a sentence; only mitigating circumstances, can be determined according to law, the statutory minimum sentence as a sentence; but according to the special circumstances of the case, with the approval of the supreme people's court, can also be sentenced to a sentence below the statutory sentence.
(3) If the result of the adjustment of the base sentence by the sentencing circumstances is above the statutory maximum penalty, the statutory maximum amputation may be determined as the pronounced sentence according to law.
(4) Considering the circumstances of the whole case, the single trial judge or the panel may adjust the result of the adjustment within a range of 20% to determine the sentence to be pronounced. When the adjusted result still fails to comply with the principle of appropriateness of punishment and responsibility, it shall be submitted to the Takeshi Committee for discussion to determine the sentence to be pronounced.
(5) sentencing circumstances of the adjustment of the base sentence results in less than six months, the facts of the case and the sentencing circumstances, the law should be punished with detention, control or a single additional sentence, shall be applied according to law; apathy, the crime of the circumstances of the crime is minor does not need to be sentenced to imprisonment, may be exempted from criminal penalties according to law.
Sentencing circumstances on the base sentence of the adjustment results in less than three years, and meet the conditions for the application of probation, can be pronounced according to law probation.
(6) If, by synthesizing the criminal facts of the whole case and the quantitative and quantitative circumstances, a sentence of life imprisonment or more should be imposed in accordance with the law, it shall be applied in accordance with the law.
Third, the application of common sentencing circumstances
The sentencing shall take into full consideration the various legal and discretionary sentencing circumstances, according to the case of all the criminal facts and sentencing circumstances of the different circumstances, in accordance with the law to determine the application of sentencing circumstances and their adjustment ratio. Serious violent crimes, drug-related crimes and other crimes that seriously jeopardize public order and security, in determining the range of leniency, should be strictly controlled; for less serious crimes, should be fully reflected in the leniency. When determining the adjustment ratio of each sentencing circumstance, a comprehensive balance shall be struck between the adjustment range and the actual increase or decrease in the amount of punishment to ensure that the crime and punishment are appropriate. For other sentencing circumstances not yet provided for in these Rules, the appropriate adjustment ratio shall be determined with reference to similar sentencing circumstances. For the same fact involving different sentencing circumstances, shall not be repeated evaluation.
1. In the case of crimes committed by minors, lenient penalties shall be imposed by taking into account the minor's ability to recognize the crime, the motive and purpose for committing the criminal act, the minor's age at the time of committing the crime, whether it is a first offense or not, whether it is an occasional offense, the manifestation of remorse for the crime, the minor's personal upbringing, and his or her consistent performance.
(1) Minors who have reached the age of fourteen and are less than sixteen years old and have committed the crime of dystopia shall have their base sentence reduced by 30%-60%;
(2) Minors who have reached the age of sixteen and are less than eighteen years old and have committed the crime of dystopia shall have their base sentence reduced by 10%-50%;
(3) Minor offenders who, depending on the crime committed by them, may be sentenced to a custodial punishment or to a fixed-term imprisonment of not more than three years may be sentenced to a fixed-term imprisonment of not less than three years, provided that the offender has shown good repentance for the crime and has shown remorse for the crime. If the repentance is good, and has the Department of deaf and mute or blind, over-defense or over-avoidance, the crime of each, suspended or attempted, *** with the crime of accessory, coerced accessory, after the crime of the self-surrender or meritorious conduct, or other crimes of minor circumstances do not need to be sentenced to penal institutions, shall be exempted from criminal punishment in accordance with the law. In the case of a person who commits the same criminal act before or after reaching the age of eighteen, the application of the minor criminal circumstances and their adjustment ratio may be determined in accordance with the specific circumstances of the minor criminal facts, and the base sentence for all the criminal facts shall be adjusted. However, the amount of penalty reduced due to the circumstances of the minor offense cannot exceed the amount of penalty to be imposed for the facts of the minor offense.
2. For a crime committed by an elderly person who has reached the age of seventy-five, the motives and the day on which the elderly person committed the criminal act, his age at the time of the crime, the circumstances, the consequences, and the performance of repentance, etc., shall be taken into account, and the amount of the base sentence may be reduced by less than 40%.
3. For a crime committed by a mentally ill person who has not yet completely lost the ability to recognize or control his or her own behavior, comprehensive consideration shall be given to the nature of the crime, the severity of the mental illness, and the circumstances in which the mental disorder at the time of the commission of the crime affected the ability to recognize and control the crime, and so on, so that the base sentence may be reduced by less than 40%.
4. For crimes committed by deaf, dumb or blind persons, the base sentence may be reduced by less than 40%, taking into account the extent to which the deafness or visual impairment affects the person's ability to recognize and control his or her own behavior; where the crime is less serious, the base sentence may be reduced by more than 40% or the person may be exempted from punishment in accordance with the law.
5. In cases where self-defense clearly exceeds the necessary limit and causes significant damage, the nature and extent of the unlawful intrusion and the magnitude of the consequences of the damage are taken into account, and the base sentence may be reduced by more than 50% or the punishment may be waived in accordance with the law.
6. If the emergency avoidance exceeds the necessary limit and causes undue damage, taking into account the source of the danger, the way of avoidance, the size of the damage, etc., the base sentence may be reduced by more than 50% or the punishment may be waived according to the law.
7. For a preparatory criminal, taking into account the nature of the preparatory crime, the degree of execution and the degree of harm, the base sentence may be reduced by less than 60% compared with that of an accomplished criminal; where the crime is less serious, the base sentence may be reduced by more than 60% or the punishment may be waived in accordance with the law.
8. For attempted crimes, taking into account the degree of commission of the crime, the magnitude of the damage caused, and the reasons for the failure of the crime, the base sentence may be reduced in comparison with that of a completed crime.
(1) the end of the attempt, according to the size of the damage caused, can be compared to the attempt to reduce the base sentence of less than 40%;
(2) the end of the attempt, according to the size of the damage caused, can be compared to the attempt ulj1 reduce the base sentence of less than 50%.
9. For suspended offenders, the stage of suspending the crime of apj, whether or not the crime was automatically abandoned, whether or not the results of the crime were effectively prevented, the reasons for the automatic abandonment of the crime, as well as the magnitude of the harmful consequences caused should be taken into account to be leniently punished.
(1) If damage was caused, the base sentence shall be reduced by 30-80 percent;
(2) if no damage was caused, the punishment shall be waived.
10. For accomplices, their status and role in the **** same crime and whether or not they committed the crime shall be taken into account, and the punishment shall be lenient, reducing the base sentence by 20%-50%; if the crime is less serious, the base sentence shall be reduced by more than 50% or the punishment shall be exempted according to the law.
For a principal offender who plays a relatively minor role in the *** same offense, the base sentence may be reduced by less than 30%.
11. For coerced accomplices, the nature of the crime, the degree of coercion and the specific role in the crime shall be taken into account, and the base sentence shall be reduced by 30-60%; where the crime is less serious, the base sentence shall be reduced by more than 60% or the punishment shall be waived according to law.
12. The abettor shall be punished by taking into account his or her role in ****ing the same crime, whether or not he or she abetted the minor in the crime, and whether or not the abettor committed the crime abetted.
(1) Abetting a person under eighteen years of age to commit a crime shall increase the base sentence by up to 40 percent, depending on the severity of the crime committed and the extent of the damage caused;
(2) if the person abetted did not commit the crime abetted, the base sentence may be reduced by up to 50 percent.
13. For the circumstances of surrender, taking into account the motive, time, manner, severity of the crime, the degree of truthful confession of the crime, and the performance of repentance, etc., the base sentence can be reduced by less than 40%; if the crime is less serious, the base sentence can be reduced by more than 40% or exempted from punishment in accordance with the law. Except for the malicious use of surrender to avoid legal sanctions and other insufficiently lenient punishment.
14. With regard to meritorious cases, the magnitude of leniency shall be determined by taking into account the size, frequency, content, source and effect of the meritorious acts, as well as the severity of the crime.
(1) In the case of general merit, the base sentence may be reduced by less than 20%;
(2) In the case of major merit, the base sentence may be reduced by 20-50%; in the case of less serious offenses, the base sentence may be reduced by more than 50% or the punishment may be exempted according to law.
15. For the confessional circumstance, the stage and degree of truthful confession of the crime, the severity of the crime and the degree of remorse are taken into account to determine the margin of leniency.
(1) If a person truthfully confesses to his or her own crime, the base sentence may be reduced by less than 20%;
(2) if a person truthfully confesses to a heavier crime of the same kind that has not yet been grasped by the judiciary, the base sentence may be reduced by 10%-30%;
(3) if a person avoids the occurrence of a particularly serious consequence because of his or her own truthful confession of a crime, the base sentence may be reduced by 30%-50%.
16. If a person voluntarily confesses to a crime in court, the base sentence may be reduced by less than 10%, depending on the nature of the crime, the severity of the crime, the degree of confession, and the expression of remorse. The exceptions are those who have been found to have surrendered or confessed in accordance with the law.
17. For the return of stolen goods and compensation, taking into account the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage, the amount of the return of stolen goods and compensation and the degree of initiative, the base sentence may be reduced by less than 30%; but robbery and other serious crimes against public order shall be strictly controlled.
18. For the parties to reach a criminal settlement agreement under Article 277 of the Criminal Procedure Law, taking into account the nature of the crime, the amount of compensation, compensation and apology, as well as sincere remorse for the crime and other circumstances, the base sentence can be reduced by less than 50%; less serious crimes can be reduced by more than 50% or exempted from punishment in accordance with the law.
19. If a person actively compensates the victim for financial losses and obtains an understanding, the base sentence may be reduced by less than 40%, taking into account the nature of the crime, the amount of compensation, the ability to make compensation, and the degree of guilty plea and repentance. Active compensation but did not obtain understanding, can be reduced by less than 30% of the base sentence; despite the lack of compensation, but understanding, can be reduced by less than 20% of the base sentence; but robbery, rape and other serious crimes against public order should be strictly controlled.
20. For recidivism, the nature of the previous and subsequent offenses, the length of time between the completion of the execution of the sentence or pardon and the re-offense, and the seriousness of the previous and subsequent offenses shall be taken into account, and the base sentence shall be increased by 10%-40%, generally by not less than three months.
21. For those who have previous convictions, the base sentence may be increased by less than 10%, taking into account the nature of the conviction, the length of time between convictions, the number of convictions, and the severity of the punishment. Previous offenses are negligence and juvenile offenses are excluded.
22. If the target of the crime is a minor, an elderly person, a person with disabilities, a pregnant woman and other vulnerable persons, taking into account the nature of the crime, the seriousness of the crime and other circumstances, the base sentence may be increased by up to 20%.
23. For intentional crimes committed during major natural disasters, the prevention and control of sudden outbreaks of infectious diseases, etc., the base sentence may be increased by up to 20%, depending on the specific circumstances of the case.
24. Where the object of the crime is disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical care and other specific funds, taking into account the nature of the crime, the seriousness of the crime and other circumstances, the base sentence may be increased by up to 20%.
25. If the victim is at fault for the crime, the base sentence may be reduced by up to 40%, depending on the degree of fault and the degree of responsibility.
26. Crimes arising from the aggravation of civil conflicts such as love, marriage, family and neighbor disputes may be reduced by up to 30% of the base sentence, depending on the specific circumstances of the case.
IV. Sentencing for Common Crimes
The starting point for determining the sentence for a specific crime is based on the social harm of the basic criminal constitutive facts. At the same time more than two basic facts of crime, generally the more harmful one to determine the starting point for sentencing, the other as an increase in the amount of amputation of the facts of crime. On the basis of the starting point for sentencing, the amount of punishment to be increased is determined according to the social harm of the other facts of crime affecting the composition of the crime, and the base sentence is determined.
(a) traffic accident
1. Traffic accident, according to the following circumstances and the degree of responsibility for the accident in the corresponding range to determine the starting point of sentencing:
(l) causing serious injury or death or public or private property suffered major damage, can be in the range of less than two years of fixed-term imprisonment, criminal detention to determine the starting point of sentencing.
(2) If a transportation hit-and-run accident occurs or if there are other particularly egregious circumstances, the starting point for sentencing can be determined within the range of three to five years' fixed-term imprisonment.
(3) If a person dies as a result of a hit-and-run, the starting point for sentencing can be determined within the range of seven to ten years' imprisonment.
2. On the basis of the starting point for sentencing, the amount of penalty may be increased and the base sentence determined according to the responsibility for the accident, the number of persons seriously injured or killed, or the amount of property damage, as well as other facts of the crime affecting the composition of the crime, such as escape.
(1) For each additional person slightly injured, the sentence may be increased by one month to three months; for each additional person seriously injured, the sentence may be increased by three months to six months; for each additional person dead, the sentence may be increased by six months to one year; if a person dies as a result of escape, the sentence may be increased by one year to three years for each additional person dead.
(2) causing direct damage to public **** property or other people's property, incapable of compensation for each additional 100,000 yuan, can be increased by one month to four months of imprisonment.
(3) Other circumstances that can increase the amount of penalty.
3. The amount of the base sentence may be increased by up to 30% in any of the following cases:
(1) Driving a motor vehicle after being drunk or taking drugs;
(2) Driving a motor vehicle without driving qualifications;
(3) Driving a motor vehicle knowing that it is a motor vehicle with an incomplete safety device or with a malfunctioning safety mechanism;
(4) Driving a motor vehicle knowing that it (4) Driving a motor vehicle without a license plate or a motor vehicle that has been scrapped;
(5) Driving a motor vehicle that is grossly overloaded;
(6) Any other circumstance that may be subject to a heavier penalty.
4. Traffic collisions that result in the death or injury of their relatives can reduce the base sentence by up to 40%.
5. Traffic collision crime, although it does not constitute a surrender, but after the accident and actively rescue, can reduce the base sentence of less than 20%.
(2) Intentional injury crime
1. Constituting the crime of intentional injury, according to the following different circumstances in the corresponding range to determine the starting point of sentencing:
(1) intentional injury to a person with minor injuries, can be in the range of less than two years of fixed-term imprisonment, detention to determine the starting point of sentencing. If the intentional injury causes minor injury to a person, the degree of disability shall be taken into account in determining the starting point of sentencing.
(2) If intentional injury causes serious injury to one person, the starting point for sentencing may be determined within the range of three to five years' imprisonment.
(3) Where intentional injury by particularly cruel means causes serious injury to one person, resulting in serious disability of the sixth degree, the starting point of the sentencing may be determined within the range of ten to thirteen years of fixed-term imprisonment, except for those who should be sentenced to more than life imprisonment in accordance with the law.
2. On the basis of the starting point for sentencing, the amount of penalty may be increased and the base sentence determined on the basis of the consequences of the injury, the grade of disability, the cruelty of the means, and other facts of the crime affecting the composition of the crime.
(1) For each additional person slightly injured, the sentence may be increased by one month to three months; for each additional person slightly injured, the sentence may be increased by three months to one year; for each additional person seriously injured, the sentence may be increased by one year to two years.
(2) If a person intentionally injures a person and causes serious injury, the sentence may be increased by one month to three months for each additional degree of general disability; by six months to one year for each additional degree of serious disability; and by two years to three years for each additional degree of particularly serious disability.
(3) Other circumstances that may increase the amount of punishment.
3. In any of the following cases, the base sentence may be increased by up to 30%:
(1) hiring another person to commit an act of injury;
(2) using a murder weapon to commit an act of injury;
(3) other circumstances which may lead to a heavier punishment.
4. If one of the following circumstances exists, the base sentence may be reduced by less than 20%:
(1) actively rescuing the victim after the crime;
(2) the victim's injurious consequences have multiple causes;
(3) committing the act of intentional injury based on righteous indignation;
(4) other circumstances which may result in a lighter punishment.
(3) Rape
1. If the crime of rape is constituted, the starting point for sentencing can be determined within the corresponding range according to the following different circumstances:
(1) If one person rapes a woman, the starting point for sentencing can be determined within the range of imprisonment from three to five years. If one person rapes a young girl, the starting point for sentencing may be determined within the range of four to seven years of imprisonment.
(2) In any of the following cases, the starting point for sentencing can be determined within the range of ten to thirteen years of imprisonment: rape of a woman, rape of a young girl under aggravating circumstances; rape of a woman, rape of a young girl three; rape of a woman in public in public *** place; gang rape of a woman by two or more people; rape of a victim of serious bodily injury or other serious consequences. Except for those who should be sentenced by law to imprisonment for life or more.
2. On the basis of the starting point for sentencing, the amount of punishment can be increased according to the rape of a woman, rape of a young girl in aggravating circumstances, the number of rapes, the consequences of causing injury to other criminal facts affecting the composition of the crime, to determine the base sentence.
(1) For each additional person who rapes a woman or rapes a young girl, the sentence may be increased by two to three years.
(2) For each additional person slightly injured, the sentence may be increased by one month to three months; for each additional person slightly injured, the sentence may be increased by three months to one year; for each additional person seriously injured, the sentence may be increased by one year to two years.
(3) For each additional degree of general disability, the sentence may be increased by one month to three months; for each additional degree of serious disability, the sentence may be increased by six months to one year; for each additional degree of particularly serious disability, the sentence may be increased by one work year to three years.
(4) For each additional case of one of the circumstances stipulated in paragraph 3 of Article 236 of the Criminal Law of the People's Republic of China (1), (3), (4) and (5), the sentence may be increased by one year to one year's imprisonment.
(5) Other circumstances that can increase the amount of penalty.
3. In any of the following cases, the base sentence may be increased by up to 30%:
(1) repeated rape;
(2) rape of a woman, rape of a young girl by taking advantage of special relationships such as upbringing, guardianship, position, kinship, etc.
(3) rape of a woman, rape of a young girl by a state agent or by a person posing as a state agent;
(4) Rape of a woman or a young girl with a murder weapon or by means of confinement or abuse;
(5) Rape of a female minor by entering the residence of a minor or a student dormitory;
(6) Rape of a girl left behind in a rural area or a female minor who is severely handicapped or suffering from retardation of her mental and intellectual development;
(7) Other circumstances that may warrant a heavier punishment.
(4) Unlawful Detention
1. If the crime of unlawful detention is constituted, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances:
(1) If the crime does not result in serious injuries or death, the starting point for sentencing may be determined within the range of one year's fixed-term imprisonment or criminal detention.
(2) If serious injury is caused to one person, the starting point for sentencing can be determined within the range of three to five years of imprisonment.
(3) If one person is killed, the starting point for sentencing may be determined within the range of ten to thirteen years' imprisonment.
2. On the basis of the starting point for sentencing, the amount of punishment may be increased and the base sentence determined on the basis of the number of persons unlawfully detained, the duration of the detention, the consequences of causing death or injury, and other facts of the crime affecting the composition of the crime.
(1) Where the duration of illegal detention exceeds 24 hours, the sentence may be increased by one month to three months for each additional 24 hours.
(2) For each additional person, the sentence may be increased by three to six months.
(3) For each additional person slightly injured, the sentence can be increased by one month to three months; for each additional person slightly injured, the sentence can be increased by three months to one year; for each additional person seriously injured, the sentence can be increased by one year to two years.
(4) For each additional degree of general disability, the sentence may be increased by one month to three months; for each additional degree of serious disability, the sentence may be increased by six months to one year; for each additional degree of particularly serious disability, the sentence may be increased by two years to three years.
(5) Other circumstances that may increase the amount of punishment.
3. In any of the following cases, the base sentence may be increased by 10-20%:
(1) with the circumstances of beating, insulting, or abusing (except for causing serious injuries or death);
(2) where a staff member of a state organ utilizes his or her authority to unlawfully seize or detain another person.
4. In the case of repeated unlawful detention, or in the case of other circumstances that may lead to heavier punishment, the base sentence may be increased by up to 30%.
5. If a person unlawfully seizes or detains another person for the purpose of soliciting a lawful debt or striving for lawful rights and interests, the base sentence may be reduced by up to 30%.
(5) Robbery
1. If the crime of robbery is constituted, the starting point of sentencing may be determined within the corresponding range according to the following different circumstances:
(1) In the case of a single robbery, the starting point of sentencing may be determined within the range of imprisonment from three to six years.
(2) In one of the following cases, the starting point for sentencing can be determined within the range of ten to thirteen years of fixed-term imprisonment:
(1) The starting point for sentencing can be determined within the range of ten to thirteen years of fixed-term imprisonment if there is one of the following circumstances:
(2) robbery in a home; robbery on a means of transportation of the public ***; robbery of a bank or other financial institutions; robbery three times or the amount of the robbery has reached the threshold of the amount of a huge amount of money; robbery that resulted in a person's serious injury; robbery by posing as a member of the military and police personnel; robbery at gunpoint; robbery of military goods or rescue, disaster relief and relief materials. Except for those who should be sentenced to life imprisonment or above according to law.
2. On the basis of the starting point for sentencing, the amount of penalty can be increased according to the seriousness of the robbery, the number of robberies, the amount, the consequences of causing injury to others, and other facts of the crime affecting the composition of the crime, and the determination of the base sentence.
(1) For each additional person slightly injured, the sentence may be increased by three to six months; for each additional person slightly injured, the sentence may be increased by six months to one year; for each additional person seriously injured, the sentence may be increased by one to two years.
(2) If a person does not have the circumstances in items (1) to (8) of Article 263 of the Criminal Law of the People's Republic of China*** and the State of China, the sentence may be increased by two to three years for each additional robbery; and for each additional 25,000 yuan in a category of area and 15,000 yuan in a category of area of the second category of the amount of the robbery, the sentence may be increased by one to two years.
(3) In the case of one of the circumstances in items (1) to (8) of Article 263 of the Criminal Law of the People's Republic of China*** and the State of China, the term of imprisonment may be increased by up to two years, depending on the number of times of the robberies and the amount of the robberies.
(4) The sentence may be increased by six months to two years for each additional case of one of the circumstances in subparagraphs (1), (2), (3), (6), (7) or (8) of Article 263 of the Criminal Law of the People's Republic of China.
(5) Other circumstances that can increase the amount of penalty.
3. If one of the following circumstances exists, the base sentence may be increased by up to 30%:
(1) Robbery for the purpose of drug abuse, gambling and other illegal activities;
(2) Armed robbery (except for armed robbery with the circumstances);
(3) Other circumstances that may lead to a heavier punishment.
(F) Theft
1. Constituting the crime of theft, according to the following different circumstances in the corresponding range to determine the starting point of sentencing:
(1) to reach the larger amount of the starting point, three times within two years, burglary, burglary with a murder weapon, or pickpocketing, you can be less than a year of fixed-term imprisonment, criminal detention within the range to determine the starting point of sentencing.
(2) If the starting point of a huge amount is reached or there are other serious circumstances, the starting point of sentencing can be determined within the range of three to four years of imprisonment.
(3) If the starting point of a particularly large amount of money is reached or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of ten to twelve years of imprisonment. Except for those who should be sentenced to life imprisonment according to law.
2. On the basis of the starting point for sentencing, can be based on the amount of theft, the number of times, means and other criminal facts affecting the composition of the crime to increase the amount of punishment to determine the base sentence. Multiple theft, the amount reaches more than a large, the amount of theft to determine the starting point for sentencing, the number of theft can be used as a sentencing circumstances to regulate the base sentence; the amount does not reach a large, the number of theft to determine the starting point for sentencing, more than the number of three times as an increase in the amount of the facts of the penalty.
(1) more than the amount of larger starting point has not reached the amount of huge starting point, a category of areas of each additional 15,000 yuan, the second category of areas of each additional 10,000 yuan, can be increased by three months to six months of imprisonment.
(2) If the starting point for a large amount is exceeded before the starting point for a particularly large amount is reached, the sentence may be increased by six months to one year for each additional 50,000 yuan in a category 1 area and 30,000 yuan in a category 2 area.
(3) exceeding the starting point of a particularly large amount, the amount exceeding less than 500,000 yuan, can be increased by less than one year; exceeding the amount has been 500,000 yuan less than 2.5 million yuan, can be increased by one year to three years; exceeding the amount of 2.5 million yuan or more, can be increased by more than three years of imprisonment, but shall be sentenced to life imprisonment according to law, except.
(4) repeated theft, the amount has not reached a larger, more than three times, each additional theft, can increase one month to three months imprisonment.
(5) each additional one of the following circumstances, can be increased by one month to six months imprisonment:
① burglary;
② carrying a murder weapon theft;
③ pickpocketing.
(6) Other circumstances that can increase the amount of punishment.
(7) the application of the Supreme People's Court, the Supreme People's Procuratorate "on the handling of criminal cases of theft on the application of law on a number of issues in the interpretation of the" Legal Interpretation [2013] No. 8) the provisions of the second and sixth convictions, the amount of theft in determining the starting point for the determination of sentencing to be taken into account, and is no longer used to increase the amount of punishment.
3. One of the following circumstances, you can increase the base sentence of less than 30%:
(1) has been a criminal punishment for theft (except for those who constitute recidivism);
(2) within one year has been an administrative penalty for theft;
(3) organization, control of minors to steal;
(4) natural disasters, accidents and disasters, social security incidents and other emergencies , social security incidents and other emergencies, theft in the place of the incident;
(5) theft of disabled persons, widows and orphans, the loss of working capacity of the person's belongings;
(6) theft of patients in hospitals, or the property of their relatives and friends;
(7) theft of disaster relief, emergency relief, flood control, welfare, poverty alleviation, immigration, relief funds;
(8) Taking destructive means of theft causing loss of public and private property;
(9) theft for drug abuse, gambling and other illegal and criminal activities;
(10) theft amount reaches a large amount of theft, repeated theft;
(11) as a result of the theft of the serious consequences;
(12) other circumstances can be more severe penalties.
4. Theft of property belonging to a close relative may reduce the base sentence by up to 50%. Except for not treating it as a crime.
5. For the theft of part of the crime both attempted and attempted, the attempted part of the determination of the base sentence, according to the attempt part of the criminal behavior of the implementation of the degree of the size of the damage caused by the crime did not succeed in the original prisoner, etc., can be increased by less than 30% of the base sentence; attempt part of the determination of the base sentence, according to the attempt part of the criminal behavior of the size of the damage caused by the circumstances, can be increased by less than 40% of the base sentence. 40% or less.
(VII) Fraud
1. If the crime of fraud is constituted, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances:
(1) If the starting point for a larger amount is reached, the starting point for sentencing may be determined within the range of fixed-term imprisonment and detention for less than one year.
(2)If the starting point of a huge amount is reached or there are other serious circumstances, the starting point of sentencing can be determined within the range of three to four years of imprisonment.
(3) If the starting point of a particularly large amount of money is reached or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of ten to twelve years of imprisonment. Except for those who should be sentenced to life imprisonment according to law.
2. On the basis of the starting point for sentencing, the amount of penalty may be increased according to the amount of fraud and other criminal facts affecting the composition of the crime to determine the base sentence.
(1) If the starting point of a larger amount is exceeded without reaching the starting point of a huge amount, the sentence may be increased by three to six months for each additional 15,000 yuan in a category 1 area and 10,000 yuan in a category 2 area.
(2) If the starting point for a large amount is exceeded before the starting point for a particularly large amount is reached, the sentence may be increased by six months to one year for each additional 40,000 yuan in a category 1 area and 45,000 yuan in a category 2 area.
(3) exceeding the starting point of a particularly large amount, the amount exceeding less than 500,000 yuan, can be increased by less than one year; exceeding the amount has been 500,000 yuan less than 2.5 million yuan, can be increased by one year to three years; exceeding the amount of 2.5 million yuan or more, can be increased by more than three years of imprisonment, but shall be sentenced to life imprisonment according to law, except.
(4) Other circumstances that can increase the amount of punishment.
(5) Where the provisions of Article 2, Paragraph 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Fraud (Legal Interpretation [2011] No. 7) are applied for conviction and sentencing, the amount of the fraud is taken into account in determining the starting point of the penalty, and it is no longer used to increase the amount of the penalty.
3. One of the following circumstances, you can increase the base sentence of less than 30%:
(1) by sending text messages, making phone calls or the use of the Internet, radio and television, newspapers and magazines, etc. to publish false letters of distress,, to the unspecified majority of people to carry out fraud;
(2) fraudulent disaster relief, rescue, flood control, welfare, hostage-taking, migrants, relief and medical funds and supplies ;
(3) fraud in the name of disaster relief fund-raising;
(4) defrauding the disabled, the elderly or the loss of working capacity of people's belongings;
(5) for drug abuse, gambling and other illegal and criminal activities to commit fraud;
(6) multiple fraud;
(7) due to the fraud caused serious consequences;
(8) other circumstances that may lead to heavier punishment.
4. If the property of a close relative is defrauded, the base sentence may be reduced by less than 50%, and if the close relative understands, the crime may not be treated as a crime in general.
5. For the part of the crime of fraud both attempted and unattempted, the attempted part of the determination of the base sentence, according to the extent of the attempted part of the criminal act, the size of the damage caused, the reasons for the crime did not succeed, etc., can be increased by less than 30% of the base sentence; the unattempted part of the determination of the base sentence, according to the attempt part of the criminal act of the damage caused by the size of the situation, can be increased by less than 40% of the base sentence. 40% or less.