2024/9/2 凌晨12:21 Criminal Law of the People's Republic of China punishment. A recidivist shall be subjected to a heavier punishment. However, any crime committed negligently or committed when an offender is under the age of 18 shall not be counted when the court determines whether the offender is a recidivist. For an offender released on parole, the period prescribed in the preceding paragraph of this Article shall be calculated from the date of the expiration of the parole. Article 66 An offender who was ever convicted of the crime of endangering national security, the crime of terrorist activities or organized crime of a gang nature and, after the completion of his sentence or the granting of pardon, commits any of the aforementioned crimes again at any time, shall be convicted and punished as a recidivist. Section 3 Voluntary Surrender and Meritorious Performance Article 67 Voluntary surrender means that an offender, having committed a crime, voluntarily surrenders himself and makes a truthful confession on the crime he has committed. A voluntarily surrendered offender may be subjected to a lighter or mitigated punishment, and may be exempted from punishment if the crime he has committed is a relatively minor one. Where a criminal suspect or defendant who is under a compulsory measure or a convict who is serving his sentence makes truthful confession on another crime he committed which is still unknown to the judicial organs, he shall be considered as having voluntarily surrendered himself. A criminal suspect who makes truthful confession may be given a lighter punishment although his confession does not fit within the definition of voluntary surrender as is provided in the preceding two paragraphs, and may be given a mitigated punishment if any especially serious consequence is avoided for his truthful confession. Article 68 An offender who carries out meritorious performance such as reporting a criminal activity of another person which is later verified, or providing an important clue that leads to the solving of another case, may be subjected to a lighter or mitigated punishment. An offender who carries out major meritorious performance may be given a mitigated punishment or be exempted from punishment. Section 4 Combining Punishments for Multiple Crimes Article 69 Where a person commits more than one crime before a judgment is rendered, except where a death penalty or life imprisonment is to be imposed, the term of the sentence shall be determined as appropriate and shall be not longer than the accumulated total of terms for all crimes committed, but not shorter than the maximum punishment of all the punishments meted out respectively for the crimes committed. However, the combined term of non-custodial correction shall not exceed 3 years; the combined term of short-term custody shall not exceed 1 year; and the combined term of fixed-term imprisonment shall not exceed 20 years if the cumulative term of punishment is less than 35 years, and shall not exceed 25 years if the cumulative term of punishment is not less than 35 years. Of the punishments imposed for multiple crimes, where there is both fixed-term imprisonment and short-term custody, fixed-term imprisonment shall be executed. Where there is both fixed-term en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_3.htm 2/7

Sélectionner le paragraphe cible3