Link to the article: the Supreme People's Court's Guiding Opinions on Joint Crime Sentencing III. Application of common sentencing circumstances
9. For those who actively compensate the victims for their economic losses and gain understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%; Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled.
10. According to Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.
Fourth, the sentencing of joint crime.
(6) theft
1. If it constitutes theft, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) Those who have reached a relatively large starting point, have stolen three times in two years, burglary, theft with a weapon, or shoplifting, can determine the starting point of sentencing within the range of fixed-term imprisonment and criminal detention of less than one year.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.
2. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount, frequency and means of theft and other criminal facts that affect the constitution of the crime.
If the amount of theft is larger than that, the starting point of sentencing is determined by the amount of theft, and the number of thefts can be used as the benchmark punishment for adjusting sentencing circumstances; If the amount is not large, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as an aggravating fact.