2017年常见犯罪的量刑指导意见

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 Factor	Adjustment to Base Sentence	Notes
Crime committed when 14 - 16 years old	30 - 60% reduction
Crime committed when 16-18 years old	10 - 50% reduction
Inchoate Offense	50% reduction
Accomplice	20 - 50% reduction or more	Waive punishment or give 50% reduction where the crime was minor
Voluntary surrender	up to 40% reduction	Waive punishment or give 40% reduction or more where the crime was minor
Ordinary meritorious service	20% reduction
Major meritorious service	20 - 50% reduction	Waive punishment or give 50% or more reduction where the crime was minor
Confess	Up 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 court	up to 10% reduction	except where verified as confession, or voluntary surrender
Made active compensation but was not forgiven by the victims	up to 30% reduction
Actively made compensation and received the victims' forgiveness	up to 40% reduction
Did not make compensation, but received the victims' forgiveness	Up to 20% reduction
Criminal settlement	Up to 50% reduction, and where the crime was minor, 50% or more reduction or waive punishment	Settlement in accordance with article 277 or the CPL
Recidivism	increase by 10 - 40% (usually not less than 3 months)
Have a record	up to 10% increase	except for crimes of negligence or by minors
The victim is a minor, elderly person, disabled person, or pregnant woman	up to 20% increase
Crime committed during a major disaster or outbreak	up to 20% increase

Charge and Circumstances	Sentencing starting point	Base Sentence
1. Traffic Offense
Traffic incident in ordinary circumstances	up to 2 years imprisonment or short-term detention	Determined based on the extent of consequences for which they are responsible
fled or had other heinous circumstances	3 - 5 yrs	Determined based on the extent of consequences for which they are responsible
Fleeing causes a death	7 - 10 yrs	Determined based on the extent of consequences for which they are responsible
2. Intentional Infliction of Harm
causing minor injury to 1 person	up to 2 years imprisonment or short-term detention
seriously injuring 1 person	3 - 5 yrs
Especially cruel methods causing level 6 serious injuries to 1 person	10 - 13 yrs
Harm killing 1 person	None
3. Rape
rape of 1 woman	3 - 6 yrs
Illicit relations with 1 underage girl	4 - 7 yrs
Rape with heinous circumstances	10 - 13 yrs
Rape of 3 women	10 - 13 yrs
Rape in a public venue in front of the public	10 - 13 yrs
Group rape by 2 or more persons	10 - 13 yrs
Caused consequences such as serious injury to the victim	10 - 13 yrs
4. Unlawful detention
Ordinary circumstances	up to 1 year imprisonment or short-term imprisonment
seriously injuring 1 person	3 - 5 yrs
killing 1 person	10 - 13 yrs
involved beating or insulting		10 - 20% increase
State personnel used their position to unlawfully detain		10 - 20% increase
5. Robbery
single instance of robbery	3 - 6 yrs
burglary	10 - 13 yrs
robbery on public transportation	10 - 13 yrs
Robbed a bank or other financial institution	10 - 13 yrs
3 robberies or huge amounts	10 - 13 yrs
Robber causing serious injury to 1 person	10 - 13 yrs
Robbery in the guise of military or police personnel	10 - 13 yrs
Robbery carrying a gun	10 - 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 pickpocketing	up to 1 year imprisonment or short-term imprisonment
huge amount or other unlawful circumstances	3 - 4 yrs
especially huge amount or other especially serious consequences	10 - 12 years
7. Fraud
larger amount	up to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances	3 - 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 years	up to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances	3 - 5 yrs
Huge amount and especially serious circumstances	10 - 12 years imprisonment, except for indefinite sentences
9. Misappropriation in public office
larger amount	up to 2 years imprisonment or short-term detention
huge amount	5 - 6 yrs
10. Blackmail or Extortion
Larger amount or had 3 offenses within 2 years	up to 1 year imprisonment or short-term imprisonment
huge amount or serious circumstances	3 - 5 yrs
Huge amount and especially serious circumstances	10 - 12 yrs
11. Obstruction of official affairs
Ordinary cirucmstances	up to 2 years imprisonment or short-term detention
Violently attacking police		10-30% increase
12. Assembling to brawl
Ordinary cirucmstances	up to 2 years imprisonment or short-term detention
Assembling to brawl 3 times	3 - 5 yrs
many participants, large scale, or heinous impact	3 - 5 yrs
In a public place, public road, or causing serious disruption of order	3 - 5 yrs
Assembling to brawl with weapons	3 - 5 yrs
13. Provocation (picking quarrels and causing disturbances)
A single instance of provocation	up to 3 years imprisonment or short-term detention
3 instances (each constituting a crime) seriously undermining social order	5 - 7 yrs
14. Concealing or hiding unlawful gains or the fruits thereof
Ordinary cirucmstances	up to 1 year imprisonment or short-term imprisonment
Serious Circumstances	3 - 4 yrs
15. Smuggling, Trafficking, Transporting, or Producing Drugs
1 kilograms of opium or heroin, or 50 grams of methamphetamine	15 yrs
200 grams of opium or heroin, or 10 grams of methamphetamine	7 - 8 yrs
Less than 200 grams of opium or heroin, or 10 grams of methamphetamine	up 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 serious	3 - 4 yrs
using or inciting minors		10-30% increase
selling drugs to minors	As above
recidivism	As above
transporting drugs for hire		up to 30% reduction
remarkably low drug cotent		up to 30% reduction
Incited to increase volume		up to 30% reduction

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2017 Guiding Opinion on Sentencing for Common Crimes

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