Render meritorious service

The link law

According to the provisions of the first paragraph of article sixty-eighth of the criminal law, the criminal to a report, expose others to crime, including criminal cases in the common crime to expose other common crime and accomplice outside, be verified; provide important clues for solving other cases, can be verified; to prevent others from criminal activities; assist the judicial organ arrest the other suspects (including the accomplice); with other outstanding performance for the country and the society, should be recognized as a meritorious performance.

The concept of crime

Crime, is refers to the criminal offender to expose the criminal acts of others, verified, or provide important clues to solving other cases, behavior, or assist the judicial authorities arrested another suspect^[1]

Meritorious conditions

According to China's criminal law article68Article1The provisions of paragraphs, criminals expose others to crime, verified, or provide important clues to solving other cases, thus, is a crime. Therefore, a meritorious service must meet the following conditions:

　　(a) meritorious service time

Meritorious service time refers to the time of occurrence of meritorious performance. Crime in the criminal process, expose and denounce others criminal crime, is in its later before the judgment is pronounced. Meritorious service time is main difference with meritorious meritorious service execution phase of the sentencing stage. Criminal execution stage, refers to the execution of punishment in the process of meritorious performance, has performed meritorious service, can obtain commutation. As the criminal sentencing, is a place in the sentencing phase of the crime, be the case before the judgment is pronounced, expose other crime, therefore it in the criminal process.

　　(two) the meritorious performance

According to China's criminal law article68Article1The provisions of paragraphs, meritorious performance for the following two situations: (1Expose the criminal acts of others). Criminals often know each other crimes their criminal justice, in future, not only confessed to their crimes, and exposure of criminal acts of others, so it is a meritorious service. (2) provide important clues, offender not by the judicial organ to grasp each kind of crime clues, such as the important fact that crime or the relevant witnesses. In addition to the Criminal Law lists two meritorious performance, the following conditions shall be deemed to: (meritorious service1Assistance to the judicial organs for other criminals). The criminals to assist the judicial busting escaped criminals, can save the cost of justice. Therefore, this behavior should be regarded as meritorious service. It should be pointed out, the criminal judicial assist other criminal arrest, either unrelated, also can be the accomplice. As long as do assist the judicial organs to capture the criminals, they should be regarded as meritorious service. (2) criminals in custody, in case of other inmates escaped Dutch act, or other serious damage surveillance, report to the guards in a timely manner. (3) in case of natural disasters, accidents to forget about one's own be excluded, etc..

　　(three) the meritorious effect

Crime is not only a kind of performance, but there must be some actual effect. Meritorious service in different forms, the crimes are different. Expose others to crime meritorious service, shall be verified to be set up. Verified by the judicial organ refers to verify, that crime criminal disclosure is true. If after verification, the criminal disclosure is not the facts of the crime or not, it does not belong to the crime. Providing important clues of the meritorious performance, must make crime cases can be detected. The criminal cases can be detected is refers to the judicial organ according to provide important clues to the crime, criminal facts, cracked a criminal case. Other meritorious performance, also has the meritorious effect.

Form of crime

In the first section sixty-eighth of the criminal law provides for the two forms of crime:

One is the criminals to expose the criminal acts of others, and to be verified. The criminal is detained or arrested after, not only truthfully confesses his crime, the crime but also to expose other people, including expose accomplice other than criminal behavior common criminal facts. This disclosure must be verified by the judicial organ. If after verification, found that the disclosure situation is not the fact, or unable to confirm, or does not belong to criminal behavior, the disclosure is not meritorious service.

The two criminals is providing important clues, the investigation organ and the cracking of other cases. An important clue is an important clue to the crime of the judiciary has not yet mastered, which can prove that the crime the important facts, criminal or relevant witnesses. Provide important clues to seek truth from facts, judicial organs can find the crime, criminal. If after investigation, found clues do not, or cannot prove that happened crime, or does not belong to crime, should not be considered meritorious.

The criminal punishment

For meritorious performance, may be given a lighter or mitigated punishment, there are significant meritorious performance, can be mitigated punishment or be exempted from punishment, crime after the surrender and major meritorious services, shall be reduced or exempted from punishment.