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In accordance with the provisions of the law, convicts who are sentenced to be sent to prison to serve their sentences are to be organized by the prison to conduct a two-month prison education for newly admitted convicts, to conduct legal education and prison rules and discipline education, to guide them to admit guilt and repentance, clarify the goals of reform, and adapt to life in prison. At the end of the training period, those who pass the assessment are to be transferred to the corresponding type of prison (prison district) to serve their sentence for reform; Those who fail to pass the evaluation shall be extended to prison education for a period of one month. The specific provisions are as follows:
The Ministry of Justice's Provisions on Prison Education and Rehabilitation came into force on 1 August 2003. It states:
Article 9: Newly admitted convicts shall be arranged in the prison or prison area responsible for the newly accepted and diverted convicts, and a two-month period of in-prison education shall be conducted.
1) During the period of serving their sentences, convicts enjoy the following rights: not to have their personality insulted, not to infringe upon their personal safety and lawful property, and to enjoy defense, appeal, accusation, report, and other rights that have not been deprived or restricted in accordance with law.
2) During the period of serving their sentences, convicts shall perform the following obligations: abide by state laws, regulations, and prison rules and discipline, obey management, accept education and reform, and participate in labor in accordance with provisions.
Article 11: Prisons (prison districts) shall conduct legal education and education on prison rules and discipline for newly admitted convicts, guiding them to admit guilt and repentance, clarify the goals of reform, and adapt to life in prison.
Article 13: After the completion of incarceration education, prisons (prison districts) shall conduct evaluations and acceptances of newly admitted convicts. those who pass the assessment are to be transferred to the corresponding type of prison (prison district) to serve their sentence for reform; Those who fail to pass the evaluation shall be extended to prison education for a period of one month.
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A sentence of three years is subject to three years in prison without a commutation. There is no such thing as a holiday during the period of serving a sentence, and it is also necessary to serve a sentence on holidays, which is counted as part of the sentence.
According to article 61 of the Criminal Law of the People's Republic of China, when deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.
Article 62: Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.
Article 63: Where criminals have mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty. Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.
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From the day he was arrested by the police, for example, on January 1, 14, when he was sentenced to three years in prison on December 31, 16, the prison also evaluates the prisoners, and the period of time can be reduced if they perform well, and if they have special confessions, they will also have their meritorious service reduced.
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Legal Analysis: Depending on the circumstances, a commutation of sentence may be applied. The Criminal Law stipulates that criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may, during the period of enforcement, have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have made meritorious contributions.
Legal basis: Article 78 of the Criminal Law of the People's Republic of China: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:
1) Obstructing the major criminal activities of others;
2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;
3) There are inventions, creations, or major technological innovations;
4) sacrificing oneself to save others in daily production or life;
5) Outstanding performance in resisting natural disasters or eliminating major accidents;
6) Other major contributions to the state and society.
The actual sentence to be served after commutation must not be less than the following periods:
1) Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence;
2) Where a sentence of life imprisonment is given, it must not be less than 13 years;
3) Where people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the period of suspension is completed, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the period of suspension is completed, it must not be less than 20 years.
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