Legal basis:

CRIMINAL ACT

1. Kinds of punishment:

  •  Death penalty;
  •  Imprisonment with labor;
  • Imprisonment without labor;
  • Deprivation of qualifications;
  • Suspension of qualifications;
  • Fine;
  • Detention;
  • Minor fine;
  • Confiscation.

2. Severity of Punishments

The severity of punishments shall be in the order of kinds of punishment.

  • That imprisonment without labor for an indefinite term shall be deemed to be more severe than imprisonment with labor for a limited term; and when the maximum term of imprisonment without labor for a limited term exceeds the maximum term of imprisonment with labor for a limited term, the imprisonment without labor shall be deemed to be the more severe.
  • In case of punishments of the same kind, the one having a longer maximum term or larger maximum amount shall be deemed to be more severe, and when the maximum term or amount is equal, the one having the longer minimum term or larger minimum amount shall be deemed to be more severe.
  • Except for the application of above, severity shall be determined by the nature and circumstances of the crime.

3. Principles for determination of punishment

  • The age, character and conduct, intelligence and environment of the offender;
  • Offender’s relation to the victim;
  • The motive for the commission of the crime, the means and the result;
  • Circumstances after the commission of the crime.
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