Penalties

Execeptional cases of punishment executed

1. Circumstances where penalties shall be mitigated or not imposed on

According to provisions of Law on Penalties for Administration of Public Security, for acts against the administration of public security, if any of the following circumstances exists, the penalties shall be mitigated or not imposed on: (1) the circumstances are extremely light; (2) taking the initiative to remove or reduce the consequences of illegal acts, and obtaining forgiveness of the victim; (3) committing the act under the coercion or luring by another person; (4) surrendering himself to the public security organ and truthfully stating his illegal act; or (5) performing meritorious service.

2. Acts against administration of public security for which heavier penalties shall be imposed on

According to provisions of Law on Penalties for Administration of Public Security, for acts against the administration of public security, if any of the following circumstances exists, heavier penalties shall be imposed on: (1) the consequences are relatively serious; (2) instigating or coercing another person to commit an act against the administration of public security, or luring the person to do so; (3) retaliating against the reporter, accuser, informant or witness; or (4) having been subjected to penalty for his act against the administration of public security within the past six months.

3. Circumstances where acts against administration of public security for which the penalties of administrative detention shall not be executed in accordance of law

According to provisions of Law on Penalties for Administration of Public Security, under any of the following circumstances, although the penalty of administrative detention shall be imposed on in accordance of this Law, the penalty of administrative detention shall not be executed: (1) the person is above the age of 14 but does not reach the age of 16; (2) the person is above the age of 16 but does not reach the age of 18, and is the first time to commit the act against the administration of public security; (3) the person is over 70 years old; or (4) The person is pregnant or breast-feeds her own baby who is not yet one year old.

4.Circumstances where acts against administration of public security are not penalized

According to provisions of Law on Penalties for Administration of Public Security, if the public security organ did not find the acts against administration of public security within six months, the person who commits the act shall no longer be penalized, and the period is counted from the date of when the act against administration of public security is committed; for acts against administration of public security having a continuous or continuing state, the period is counted from when the act is completed.