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It's very simple, it's from May 3rd. The period of detention should be counted.
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where the sentence is fixed, it is calculated from the date of arrest (the date of commencement of sentence); Indefinite, suspended death shall be calculated from the statutory effective date.
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You can ask a lawyer to tell you.
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Parole is submitted to the people's court by the prison on the basis of the evaluation results, and where the people's court rules for parole, the prison shall release the parole on time and issue a certificate of parole. For convicts released on parole, community corrections are to be carried out in accordance with the Sanna Law, and the community corrections establishments are responsible for enforcement.
[Legal basis].Article 32 of the Prisons Act.
Where convicts sentenced to indefinite imprisonment or fixed-term imprisonment meet the requirements for parole as provided by law, the prison is to submit a parole recommendation to the people's court based on the evaluation results, and the People's Law Institute shall review and make a ruling within one month of receiving the parole recommendation; Where the case is complicated or the circumstances are special, an extension of one month may be granted. A copy of the parole ruling shall be sent to the People's Procuratorate for Lead Inspection.
Article 33.
Where the people's court rules for parole, the prison shall release the parole on time and issue a certificate of parole.
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1. Is it a prison district or a prison area? If it had been in prison last year, it would have been possible to be released on parole. But not this year.
The reason is simple, there are fines that have not been paid. Where the family is in difficulty, and where the fine has not been paid, the sentence may be commuted. But for economic crimes, where there is a fine, parole is not possible. And from today onwards, it will be very difficult to reduce the sentence if there is a fine that has not been paid.
2. Parole and procedures are the same as commutation.
Squadron (sub-prison area) to find out the inmates themselves to submit a written application The list of eligible inmates is to be determined by discussion among all the police Publicize it among the inmates Submit a written proposal Preliminary examination of the prison area Publicity Solicit the opinions of the local public security organs, community corrections organs, and procuratorates - >Review by the prison punishment enforcement department The prison submits a review to the commutation and parole committee (including the Discipline Inspection Commission and the procuratorate), and all personnel sign Publicity The prison director's office will decide that the prison director or the deputy prison in charge shall sign the evaluation form and report it to the procuratorate and report it to the court The court came to the prison to hold a hearing ** ruling Convene a commutation meeting to publicly announce the commutation and parole ruling.
3. If you are released from prison on parole, your illegal gains have been confiscated and the fine has been paid, then your property can be disposed of by yourself. If there is a property penalty that has not been fulfilled, it will be enforced, and the surplus can be disposed of by itself.
4. If you are on parole, you have to go to the police station once a month to report and write an ideological report. Permission is required to leave the place of residence. (Report on their own activities in accordance with the regulations of the supervisory authority; Comply with the regulations of the supervisory authority regarding the reception of visitors; Leaving the city or county where they reside or relocating shall be reported to the supervisory organs for approval.
5. There is also a problem with the commutation of the sentence you mentioned. If the sentence was commuted by one and a half years last year, then the interval between commutations should be at least one and a half years before the sentence could be commuted again, and unless it was a major meritorious service, it would be a violation of the law to commute the sentence again after an interval of one year. In addition, from today, the sentence can only be reduced by a maximum of one year at a time.
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More than half of the sentence is only one of the conditions for parole, and judging from what you said, it is also in line with the terms of active reform, admission of guilt and repentance, but you have not paid the fine, and it is basically impossible to be released on parole. The "Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases," which came into effect on July 1 this year, clearly stipulates that:
Where convicts actively enforce property penalties and perform obligations for compensation in attached civil cases, it may be viewed as an admission of guilt and expressions of remorse, and may be lenient when commutation or parole; Where there is truly the ability to enforce or perform but not to do so, it shall be strictly controlled at the time of commutation or parole.
From this article, the possibility of parole is basically ruled out.
Having said that, even if you meet all the conditions, you may not be able to parole, and the rate of parole in our country is very low, a prison, thousands of people, and only a few can be parole every year. It is difficult to judge how much the newly issued "Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases" will change in concrete implementation, but I hope it will change the status quo.
I heard that now whether the sentence is commuted or parole, the prison, the procuratorate, and the court need to hear tripartite hearings, and the more cumbersome the procedure, the more difficult it will be.
If you are released on parole, you must report your travel to the local police station. For details, you can check the content of community corrections on the Internet.
As for the issue of property control, it is not too clear, I remember that the Supreme People's Court has issued provisions on restricting the high consumption of persons subject to enforcement, and I personally believe that the property control may be affected. Of course, you can find a way to circumvent it.
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