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2017 Guiding Opinion on Sentencing for Common Crimes

The charts below were prepared byCriminal Affairs" Public Weixin AccountThe attachments afterward were provided by "Total Arrangement of Criminal Law Rules" [Their Translation -ed] public account.

Sentencing FactorAdjustment to Base SentenceNotes
Crime committed when 14 - 16 years old30 - 60% reduction
Crime committed when 16-18 years old10 - 50% reduction
Inchoate Offense50% reduction
Accomplice20 - 50% reduction or moreWaive punishment or give 50% reduction where the crime was minor
Voluntary surrender up to 40% reductionWaive punishment or give 40% reduction or more where the crime was minor
Ordinary meritorious service20% reduction
Major meritorious service20 - 50% reductionWaive punishment or give 50% or more reduction where the crime was minor
ConfessUp to 20% reduction for truthful confession; 10 - 30% for confessing a crime of the same type that the judicial organs were unaware of; and 30 - 50% reduction for truthful confession that avoids a serious outcome from occurring.
Admit crime at courtup to 10% reductionexcept where verified as confession, or voluntary surrender
Made active compensation but was not forgiven by the victimsup to 30% reduction
Actively made compensation and received the victims' forgivenessup to 40% reduction
Did not make compensation, but received the victims' forgivenessUp to 20% reduction
Criminal settlementUp to 50% reduction, and where the crime was minor, 50% or more reduction or waive punishmentSettlement in accordance with article 277 or the CPL
Recidivismincrease by 10 - 40% (usually not less than 3 months)
Have a recordup to 10% increaseexcept for crimes of negligence or by minors
The victim is a minor, elderly person, disabled person, or pregnant womanup to 20% increase
Crime committed during a major disaster or outbreakup to 20% increase
Charge and CircumstancesSentencing starting pointBase Sentence
1. Traffic Offense
Traffic incident in ordinary circumstancesup to 2 years imprisonment or short-term detentionDetermined based on the extent of consequences for which they are responsible
fled or had other heinous circumstances3 - 5 yrsDetermined based on the extent of consequences for which they are responsible
Fleeing causes a death7 - 10 yrsDetermined based on the extent of consequences for which they are responsible
2. Intentional Infliction of Harm
causing minor injury to 1 personup to 2 years imprisonment or short-term detention
seriously injuring 1 person3 - 5 yrs
Especially cruel methods causing level 6 serious injuries to 1 person10 - 13 yrs
Harm killing 1 personNone
3. Rape
rape of 1 woman3 - 6 yrs
Illicit relations with 1 underage girl4 - 7 yrs
Rape with heinous circumstances10 - 13 yrs
Rape of 3 women10 - 13 yrs
Rape in a public venue in front of the public10 - 13 yrs
Group rape by 2 or more persons10 - 13 yrs
Caused consequences such as serious injury to the victim10 - 13 yrs
4. Unlawful detention
Ordinary circumstancesup to 1 year imprisonment or short-term imprisonment
seriously injuring 1 person3 - 5 yrs
killing 1 person10 - 13 yrs
involved beating or insulting10 - 20% increase
State personnel used their position to unlawfully detain10 - 20% increase
5. Robbery
single instance of robbery3 - 6 yrs
burglary10 - 13 yrs
robbery on public transportation10 - 13 yrs
Robbed a bank or other financial institution10 - 13 yrs
3 robberies or huge amounts10 - 13 yrs
Robber causing serious injury to 1 person10 - 13 yrs
Robbery in the guise of military or police personnel10 - 13 yrs
Robbery carrying a gun10 - 13 yrs
Robbing military, emergency rescue, disaster relief, or emergency funds 10 - 13 yrs
6. Theft
The amount was larger or there were 3 thefts within 2 years, theft was through burglary, in possession of a weapon, or pickpocketingup to 1 year imprisonment or short-term imprisonment
huge amount or other unlawful circumstances3 - 4 yrs
especially huge amount or other especially serious consequences10 - 12 years
7. Fraud
larger amountup to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances3 - 4 yrs
Huge amount and especially serious circumstances 10 - 12 years imprisonment, except for indefinite sentences
9. Theft
Larger amount or 3 thefts within 2 yearsup to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances3 - 5 yrs
Huge amount and especially serious circumstances 10 - 12 years imprisonment, except for indefinite sentences
9. Misappropriation in public office
larger amountup to 2 years imprisonment or short-term detention
huge amount5 - 6 yrs
10. Blackmail or Extortion
Larger amount or had 3 offenses within 2 yearsup to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances3 - 5 yrs
Huge amount and especially serious circumstances 10 - 12 yrs
11. Obstruction of official affairs
Ordinary cirucmstancesup to 2 years imprisonment or short-term detention
Violently attacking police10-30% increase
12. Assembling to brawl
Ordinary cirucmstancesup to 2 years imprisonment or short-term detention
Assembling to brawl 3 times3 - 5 yrs
many participants, large scale, or heinous impact3 - 5 yrs
In a public place, public road, or causing serious disruption of order3 - 5 yrs
Assembling to brawl with weapons3 - 5 yrs
13. Provocation (picking quarrels and causing disturbances)
A single instance of provocationup to 3 years imprisonment or short-term detention
3 instances (each constituting a crime) seriously undermining social order5 - 7 yrs
14. Concealing or hiding unlawful gains or the fruits thereof
Ordinary cirucmstancesup to 1 year imprisonment or short-term imprisonment
Serious Circumstances3 - 4 yrs
15. Smuggling, Trafficking, Transporting, or Producing Drugs
1 kilograms of opium or heroin, or 50 grams of methamphetamine15 yrs
200 grams of opium or heroin, or 10 grams of methamphetamine7 - 8 yrs
Less than 200 grams of opium or heroin, or 10 grams of methamphetamineup to 3 years imprisonment or short-term detention
Less than 200 grams of opium or heroin, or 10 grams of methamphetamine, but the circumstances were serious3 - 4 yrs
using or inciting minors10-30% increase
selling drugs to minorsAs above
recidivismAs above
transporting drugs for hireup to 30% reduction
remarkably low drug cotentup to 30% reduction
Incited to increase volumeup to 30% reduction
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