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10.25.2010

Article 63 - draft amendment

Article 63. (Mitigated punishment) Where the circumstances of an offender are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment. If this law stipulates more than one degree of punishment, he shall be sentenced to a punishment within the lowest degree of the legally prescribed punishments.

Although the circumstances of an offender do not warrant giving him a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People’s Court.

Article 63. Where the circumstances of a criminal element are such as to give him a mitigated punishment under the stipulations of this law, he shall be sentenced to a punishment below the legally prescribed punishment.

Although the circumstances of a criminal element do not warrant giving him a mitigated punishment under the stipulations of this law, he too may be sentenced to a punishment below the legally prescribed punishment based on the special situation of the case and with the approval of the Supreme People’s Court.
Regarding recidivists sentenced to death with a suspension of execution, and offenders sentenced to death with a suspension of execution for intentional murder, rape, robbery, kidnapping, arson, explosions, spreading dangerous substances or organized violent crimes, people’s courts can decide to reduce the sentence to life imprisonment or to twenty years of fixed-term imprisonment according to provisions in the preceding paragraph, in light of the circumstances of their offence and other circumstances. But further reductions of sentence are not permitted.



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