Legal basis: People's Republic of China (PRC) Criminal Law.
Article 62 If a criminal is given a heavier punishment or a lighter punishment as stipulated in this Law, he shall be sentenced to punishment within the limits of statutory punishment.
Article 63 If a criminal has the circumstances of mitigating punishment as stipulated in this Law, he shall be sentenced to a punishment less than the statutory punishment; If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.