Legal Grounds for the Court's Sentencing Decisions

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I have observed many criminal trials and noticed that the Court sometimes gives the defendant the least severe punishment within the range, while in other cases it applies the most severe punishment within the range. May I ask: What basis does the Court rely on to decide the punishment? I look forward to your response. Thank you!

According to Article 50 of the Penal Code 2015, the bases on which the Court relies to determine the penalty are stipulated as follows:

- When determining the penalty, the Court shall base its decision on the provisions of this Code, considering the nature and degree of danger to society of the criminal act, the identity of the offender, and any mitigating and aggravating circumstances of criminal liability.

- In the application of monetary penalties, in addition to the aforementioned bases, the Court shall also consider the offender's financial status and ability to pay.

The above content provides clarification on the bases the Court relies on to decide the penalty.

Sincerely!

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