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Good behavior lightens penalty
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Shanghai courts may take the behavior of suspects in detention houses into consideration when making judgments against them, local prosecutors revealed yesterday.

The Shanghai People's Prosecutors' Office said yesterday that a trial system in Jinshan District last year had been successful, with 17 suspects receiving a lighter sentence for their good behavior, although nine suspects were punished severely due to fighting or other rule violations while in detention.

Under the system, prosecutors mark detainees' behavior every day and pass the assessment to the courts when the cases are heard. Prosecutors can suggest lenient judgments for those who voluntarily took education courses in the detention house, showed regret for their crime or were well behaved.

In one case under the trial system, a convict surnamed Chen who took 200,000 yuan (US$28,571) in bribes was sentenced to five years in prison.

Prosecutor Tao Baoliang said that suspects who took that amount in bribes were usually sentenced to 10 years in jail, but Chen's good behavior in the detention house won him a lenient judgment.

Another man Chen Jiaxiang, who confessed to prosecutors a 3,000-yuan larceny crime and informed against two accomplices, was exempted from being prosecuted.

However, a convict surnamed Tang who was charged with provoking fights and quarrels got a more severe sentence than his ring leader just because he made trouble and oppressed other suspects in the detention house. Tang's gang leader was jailed for 4 1/2 years but Tang faced five years' imprisonment.

(Shanghai Daily April 22, 2008)

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