法的适用范围
01我国公民在国外犯罪已受过刑罚处罚的···········可以免除、减轻处罚
犯罪构成
02不满18周岁的人犯罪的························应当从轻、减轻处罚
已满75周岁的············故意·················可以从轻、减轻处罚
- ············过失·················应当从轻、减轻处罚
03尚未完全丧失辩控能力的精神病人犯罪的·········可以从轻、减轻处罚
04盲人、聋哑人犯罪的···························可以从轻、减轻、免除处罚
正当行为
05防卫过当·····································应当减轻、免除处罚
06避险过当·····································应当减轻、免除处罚
故意犯罪形态
07犯罪预备·····································可以从轻、减轻、免除处罚
08犯罪未遂·····································可以从轻、减轻处罚
09犯罪中止·············造成损害的·············应当减轻处罚
- ···········没有造成损害的·········应当免除处罚
共同犯罪
10主犯·················犯罪集团首要分子·······按照集团所犯全部罪行处罚
- ·················其他主犯···············按照参与、组织、指挥的犯罪处罚
11从犯·········································应当从轻、减轻、免除处罚
12胁从犯·······································应当减轻、免除处罚
13教唆犯·······································应当按在共同犯罪中所起作用处罚
- ············教唆未成年人犯罪的······应当从重处罚
- ············教唆未遂的··············可以从轻、减轻处罚
量刑制度
14累犯·········································应当从重处罚
15自首·········································可以从轻、减轻处罚
- ··············罪行较轻的··············可以免除处罚
16立功·················一般立功···············可以从轻、减轻处罚
- ···············重大立功···············可以减轻、免除处罚
刑法分则中应记忆的量刑情节
18奸淫幼女的············以强奸罪··············应当从重处罚
19国家工作人员利用职权犯非法拘禁罪·············应当从重处罚
20国家工作人员利用职权犯非法搜查罪·············应当从重处罚
21司法工作人员犯诬告陷害罪·····················应当从重处罚
22走私、贩卖、运输、制造、非法持有毒品罪·······再犯毒品犯罪····应当从重处罚
23犯行贿罪··········被追诉前主动交代行贿行为··可以减轻、免除处罚
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