One, the legal circumstances and circumstances

Legal circumstancesIt is clearly stipulated in the specific provisions of criminal law or plot, as stipulated in the criminal law:Justifiable defence when, should bear criminal responsibility, but should be mitigated, mitigated or exempted from punishment. And as the:Deaf and dumb or blind person who commits a crime may be given a lighter, mitigated or exempted, dispositionAnd so on, are the legal circumstances.

Discretionary circumstancesIs the specific provisions of the criminal law does not make the sentencing, but according to the criminal policy and experience, made by the judge for flexible sentencing plot. If the provisions of the criminal law:Be sentenced to a fine, if hit by an irresistible disaster do have difficulty to pay may apply to the people's court to reduce and avoid.

Two, should the plot and can plot

Should the plotRefers to the sentence must be considered the plot, such as crime after the surrender and major meritorious services, this is the sentence is must be considered plot, decided to waive or reduce the punishment.

You can plotRefers to the sentencing judge according to law or legal authorization in the sentence first choose plots, such as: if the instigated person does not commit the instigated crime, the instigator may be given a lighter or mitigated punishment of crime.

Three, mitigating circumstances and aggravating circumstances

Mitigating circumstancesAccording to the provisions of the criminal law refers to the various circumstances lighter sentence can be within the prescribed punishment range. Such as: deaths caused by negligence, three years more than seven years in prison, negligence and initiative to surrender, to rescue the victims and compensation for their losses, sentenced to three years in prison. The fault caused by negligence in the mitigating circumstances, that is, take the initiative to stop crime, also with mitigating circumstances.

From the plotWhich is based on the criminal law, penal range in various circumstances shall be given a heavier punishment, such as death caused by negligence, we should take the initiative to surrender, to take positive measures to rescue, but the fault is fled, wounded died, according to the provisions of the criminal law department for more than three years to seven years in prison, who fled due to negligence, not to rescue the injured plot, is aggravating circumstances.

Four, a single work plot and multi-functional plot

A single work plotIs only a sentencing circumstances, such as recidivism, there is only one kind of circumstances of sentencing from.

Multifunctional plotIs to produce many possible on the sentencing, such as first offense, discontinuation of crime, I have a lighter or mitigated punishment plot.