For juvenile delinquency, we should comprehensively consider the factors such as juvenile's cognitive ability, motive and purpose of the crime, age at the time of the crime, whether it is a first-time offender, an occasional offender, repentance, personal growth experience and consistent performance, and give lenient punishment.
(1) Minors who have reached the age of 14 and under the age of 16 commit crimes, and the benchmark punishment will be reduced by 30%-60%;
(2) Minors who have reached the age of 16 but under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10%-50%.
Guiding principles of sentencing:
1. Sentencing should be based on facts, take the law as the criterion, and decide punishment according to facts, nature, circumstances and the degree of harm to society.
2. Sentencing should not only consider the severity of the crime committed by the defendant, but also consider the size of the criminal responsibility that the defendant should bear, so as to achieve the purpose of punishment and crime prevention.
3. Sentencing should implement the criminal policy of combining leniency with severity, so as to combine leniency with severity, punish crimes, and ensure the unity of legal effect and good social effect of judgments.
4. Sentencing should objectively and comprehensively grasp the changes of economic and social development and public security situation in different periods and regions to ensure the realization of criminal law tasks; For similar cases in the same area and at the same time, the penalties imposed should be basically balanced.
When sentencing, all kinds of statutory and discretionary sentencing circumstances should be fully considered, and the application and adjustment ratio of sentencing circumstances should be determined according to all criminal facts and different circumstances of sentencing circumstances. Serious violent crimes, drug crimes and other acts that seriously endanger society.
Social security crimes should be strictly controlled when determining the scope of leniency; For crimes with minor criminal circumstances, leniency should be fully reflected. When determining the adjustment ratio of each sentencing circumstance, we should comprehensively balance the relationship between the adjustment range and the actual increase or decrease of punishment to ensure that the crime and punishment are compatible.
legal ground
Article 17 of the Criminal Law of People's Republic of China (PRC) A person who has reached the age of 16 and bears criminal responsibility commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.
Article 78 of the Criminal Law of People's Republic of China (PRC) A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he consciously abides by prison regulations and accepts education and reform during the execution period, and truly shows repentance or meritorious service. One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) If a criminal whose execution is suspended is restricted by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law, his sentence shall be commuted to life imprisonment and to fixed-term imprisonment of 25 years, but less than 20 years.