立功表现

有重大立功表现的，可以减轻或者免除处罚。

Those who performed major meritorious service may be given a mitigated punishment or may be exempted from punishment .

犯罪后自首又有重大立功表现的，应当减轻或者免除处罚。

Those who surrender themselves voluntarily and perform major meritorious service after committing a crime shall be given a mitigated punishment or exempted from punishment .

来源要件指的是构成立功表现的行为必须合法，实施立功行为的手段、方式不得违反法律、行政法规的禁止性规定。

The source element refers to that the Meritorious Performance should be lawful . The method and way of applying the this system should be legal * Part Five .

对减为无期徒刑的罪犯，在执行期间，如确有悔改或立功表现，还可以减为有期徒刑。

Those who have had their sentences reduced to life imprisonment can have their sentences further commuted to a set term of imprisonment if they show repentance and exemplary behaviour during prison service .

中国法律规定，对确有悔改和立功表现的罪犯，经人民法院裁定分别给予减刑、假释。

China 's law stipulates that prisoners who really show repentance and have rendered meritorious service can , upon rulings of the people 's courts , have their sentences commuted or be put on parole .

从犯罪成立之后至判决、裁定生效前这一时间段内犯罪分子有立功表现的都应当认定成立立功。

After from the crime was established , before the decision , rules becomes effective in this time section the criminal offender to have renders meritorious service the performance to recognize that the establishment renders meritorious service .

同时笔者认为，应当将自首后又有一般立功表现的情形，作为自首适用的一个原则明确予以规定，并可将其处罚规定为可以从轻、减轻处罚或者免除处罚。

At the same time , the author believes that criminal who surrendered and has the performance of merit should be clearly defined in law that the criminal can get a lighter , mitigated punishment or even or be exempted .

确有立功表现时，可以撤销原判刑罚，不以犯罪论处女族长所能判处的最重刑罚是流放。

If they prove to have done meritorious service , their original sentence may be rescinded and they may not be considered to have committed a crime . The most severe punishment a matriarch can dispense is exile from the house .

减刑是指对被判处管制、拘役、有期徒刑、无期徒刑的犯罪分子，根据其在刑罚执行期间的悔改或者立功表现，而适当减轻其原判刑罚的制度。

Commutation of the sentence refers to was sentenced to control , criminal detention , imprisonment , life imprisonment of criminals , based on their repentance during the execution of punishment , or meritorious performance , and appropriate to mitigate their verdict penalty system .

立功制度是我国刑法对犯罪后有立功表现的犯罪人予以从宽处理的一项刑罚制度。

Atonement system in criminal law of China is a system of punishment that guilt can be offset to criminals who perform meritorious service for their delinquency .

正确地理解立功制度的本质以及立功成立的构成要件，是司法实践中正确地认定立功表现，从而对有立功表现的犯罪分子准确地裁量刑罚的前提。

Correct understanding the nature and the constitutive elements of this system is the premise of correct discrete the criminal punishment , value the meritorious performance .