1, moderate damage shall be exempted (if the crime without damage is suspended, the punishment shall be exempted);
2. If there is damage in the middle, it shall be mitigated (the discontinuer who caused the damage shall be mitigated);
3. Excessive defense should be mitigated or exempted from punishment (excessive defense, excessive avoidance, and coerced accomplice should be mitigated or exempted from punishment);
4. If there is only an accomplice, it should be all three (an accomplice should be given a lighter, mitigated or exempted punishment);
5, minors, 75 years old, should be commuted (minors who have reached 14 years old and are under 18 years old have committed crimes, and those who have reached 75 years old have committed crimes negligently should be given a lighter or mitigated punishment);
6, light and first, self-shovel, can be exempted (if the crime is light and surrender, illegally planted drug crops can be automatically eradicated before harvest, and can be exempted from punishment);
7. Deaf-mute, pre-blind or blind, all of which can be used (deaf-mute or blind people who commit crimes and prepare for crimes can be given a lighter, mitigated or exempted punishment);
8. Those who fail to convince the essence can be given a lighter punishment (the attempted offender, the instigator when the instigated person has not committed the instigated crime, the mental patient who has not completely lost the ability to identify or control his own behavior, and the person who has voluntarily committed a crime and has rendered meritorious service and has reached the age of 75 can be given a lighter or mitigated punishment).
Article 63 of the Criminal Law of People's Republic of China (PRC) stipulates that if a criminal has mitigating circumstances as stipulated in this Law, he shall be sentenced to a penalty below the statutory penalty; 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. Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.
Article 62 A criminal who is given a heavier punishment or a lighter punishment according to the provisions of this Law shall be sentenced within the limits of the statutory punishment.
Article 61 General Principles of Sentencing When deciding the penalty, it shall be imposed according to the facts, nature, circumstances and the degree of harm to society of the crime and in accordance with the relevant provisions of this Law.
Article 64 Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.