Can you introduce the guiding opinions of the Supreme Law on sentencing in detail?

I. Guiding Principles of Sentencing 1. Sentencing should be based on facts, take the law as the criterion, and decide punishment according to facts, nature, circumstances and the degree of harm to society. 2. Sentencing should not only consider the severity of the crime committed by the defendant, but also consider the size of the criminal responsibility that the defendant should bear, so as to achieve the purpose of punishment and crime prevention. 3. Sentencing should implement the criminal policy of combining leniency with severity, so as to combine leniency with severity, punish crimes, and ensure the unity of legal and social effects of judgments. 4. Sentencing should objectively and comprehensively grasp the changes of economic and social development and public security situation in different periods and regions to ensure the realization of criminal law tasks; For similar cases in the same area and at the same time, the penalties imposed should be basically balanced. Second, the basic methods of sentencing When sentencing, the starting point of sentencing, benchmark punishment and declared punishment should be determined in turn on the basis of qualitative analysis and quantitative analysis. 1. Sentencing Steps (1) Determine the starting point of sentencing within the corresponding statutory penalty range according to the basic facts of crime constitution; (2) Other criminal facts that affect the constitution of crime according to the amount of crime, the number of crimes and the consequences of crime. On the basis of the starting point of sentencing, increase the amount of punishment and determine the benchmark punishment; (3) Adjust the benchmark punishment according to the circumstances of sentencing, and comprehensively consider the whole case to determine the declared punishment according to law. 2. Adjustment method of benchmark punishment (1) The sentencing circumstances are single, and the benchmark punishment is directly adjusted according to the adjustment ratio of sentencing circumstances. (2) If there are multiple sentencing circumstances, generally, the benchmark punishment is adjusted by adding in the same direction and subtracting in the opposite direction according to the adjustment proportion of each sentencing circumstance; If there are sentencing circumstances such as juvenile crime, elderly crime, mentally ill crime with limited capacity, deaf-mute or blind crime, excessive defense, excessive risk aversion, crime preparation, attempted crime, crime suspension, accomplice, coerced accomplice, abettor, etc., the benchmark punishment should be adjusted first, and then other sentencing circumstances should be applied to adjust. (3) If the defendant has committed several crimes and has the applicable sentencing circumstances for meritorious service, recidivism and other crimes, the benchmark punishment for each crime shall be adjusted according to the sentencing circumstances, and the penalty to be imposed for each crime shall be determined, and then the punishment for several crimes shall be combined according to law, and the penalty to be executed shall be decided. 3. How to determine the declared penalty (1) If the adjustment result of the sentencing circumstances to the benchmark penalty is within the statutory penalty range and the guilt and punishment are suitable, it can be directly determined as the declared penalty; If there are circumstances that should be mitigated, the declared punishment shall be determined below the statutory minimum punishment according to law. (2) If the adjustment result of the sentencing circumstances to the benchmark punishment is below the statutory minimum punishment, and there are statutory mitigating circumstances, the punishment can be directly recognized as a declared punishment; Only if the circumstances are relatively minor, can the statutory minimum punishment be determined as the declared punishment according to law; However, according to the special circumstances of the case, with the approval of the Supreme People's Court, a penalty below the statutory penalty may also be imposed. (3) If the adjustment result of the sentencing circumstances to the benchmark punishment is above the statutory maximum punishment, the statutory maximum punishment can be recognized as a declared punishment according to law. (4) A single judge or collegial panel may adjust the adjustment results within 20% to determine the sentence to be pronounced after comprehensive consideration of the whole case. When the adjustment result still does not conform to the principle of suiting crime to punishment, it shall be submitted to the judicial committee for discussion and the sentencing shall be determined according to law. (5) If, on the basis of the criminal facts and sentencing circumstances of the whole case, it should be sentenced to more than life imprisonment, public surveillance or single additional punishment, suspended sentence or exemption from punishment according to law, it shall be applied according to law. Third, when applying joint sentencing circumstances, we should fully consider all kinds of statutory and discretionary sentencing circumstances, and determine the application and adjustment ratio of sentencing circumstances according to all the criminal facts of the case and the different circumstances of sentencing circumstances. For serious violent crimes, drug crimes and other crimes that seriously endanger public order, we must strictly control the degree of leniency; For crimes with minor criminal circumstances, leniency should be fully reflected. When determining the adjustment ratio of each sentencing circumstance, we should comprehensively balance the relationship between the adjustment range and the actual increase or decrease of punishment to ensure that the crime and punishment are compatible. 1. For juvenile delinquency, factors such as juvenile's ability to understand the crime, motive and purpose of the crime, age at the time of the crime, first-time offender, repentance, personal growth experience and consistent performance should be comprehensively considered, and lenient punishment should be given. (1) Minors who have reached the age of 14 and under the age of 16 commit crimes, and the benchmark punishment will be reduced by 30%-60%; (2) Minors who have reached the age of 16 but under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10%-50%. 2. For the attempted crime, consider the degree of implementation of the crime, the size of the damage caused, the reasons for the failure of the crime, etc. The benchmark punishment can be reduced by less than 50% compared with the accomplished crime. 3. For an accomplice, the position and function of the accomplice in the same crime and whether or not to commit a criminal act should be comprehensively considered, and the punishment should be lenient, reducing the benchmark punishment by 20%-50%; If the circumstances of the crime are minor, the benchmark punishment shall be reduced by more than 50% or exempted from punishment according to law. 4. For the plot of surrender, considering the motive, time, mode, severity, degree of truthfully confessing the crime and performance of repentance, the benchmark punishment can be reduced by less than 40%; If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 40% or exempted from punishment according to law. Except for those who maliciously use surrender to evade legal sanctions, it is not enough to be lenient. 5. For the circumstances of meritorious service, comprehensively consider the size, frequency, content, source, influence and severity of the crime, and determine the scope of lenient treatment. (1) Those who have rendered meritorious service in general may be given a mitigated punishment below 20% of the benchmark punishment; (2) Those who have made significant contributions can reduce the benchmark punishment by 20%-50%; If the circumstances of the crime are minor, the benchmark punishment shall be reduced by more than 50% or exempted from punishment according to law. 6. For the circumstances of confession, comprehensively consider the stage and degree of truthfully confessing the crime, the severity of the crime and the degree of repentance, and determine the extent of leniency. (1) Those who truthfully confess their crimes can reduce the benchmark punishment by less than 20%; (2) Those who truthfully confess similar serious crimes that are not mastered by judicial organs can reduce the benchmark punishment by10%-30%; (3) The benchmark punishment can be reduced by 30%-50% for confessing one's crimes truthfully and avoiding particularly serious consequences. 7. For those who voluntarily plead guilty in court, according to the nature of the crime, the severity of the crime, the degree of confession and the performance of repentance, the benchmark punishment can be reduced to below 10%. Except those who voluntarily surrender themselves according to law. 8. For the return of stolen goods and compensation, consider the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage results, the amount and initiative of returning stolen goods and compensation, etc. The benchmark punishment can be reduced by less than 30%; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled. 9. For those who actively compensate the victims for their economic losses and gain understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%; Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled. 10. According to Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law. 1 1. For recidivists, we should comprehensively consider the nature of the crime before and after, the length of time from the completion of punishment or pardon to recidivism, and the severity of the crime before and after, and increase 10%-40% on the basis of the benchmark punishment, generally not less than 3 months. 12. For those who have a criminal record, considering the nature of the criminal record, the length of time interval, the number of times and the severity of punishment, the benchmark punishment can be raised to below 10%. Criminal record crimes are negligent crimes and juvenile crimes. 13. The targets of crimes are vulnerable groups such as minors, the elderly, the disabled and pregnant women. Considering the nature and severity of the crime, the benchmark punishment can be increased by less than 20%. 14. For crimes committed during disasters such as major natural disasters and the prevention and treatment of sudden infectious diseases, according to the specific circumstances of the case, the benchmark punishment can be increased by less than 20%.