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Anonymous users2024-02-07Legal Analysis: 1. Review. 2. File a case.
3. Public announcement. 4. **Trial or written trial. V. Judgment.
Legal basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance" refers to having the following conditions at the same time: (1) admitting guilt and repentance; (2) Comply with laws, regulations, and supervision rules, and accept education and reform; (3) Actively participate in ideological, cultural, and vocational and technical education; (4) Actively participate in labor and strive to complete labor tasks.
Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there are any of the following major meritorious contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; (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.
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Anonymous users2024-02-06Legal Analysis: Procedures for Commutation of Sentence:
1. Daily assessment. Based on the performance of convicts serving sentences in detention centers, scoring evaluations and changes are to be made.
2. Prison cell recommendation. Each cell is to make a public evaluation and recommendation of convicts who meet the requirements for commutation on the basis of their daily scores, and report to the correctional police for approval.
3. Collective research. Detention centers are to conduct collective research on the recommended list of cells to determine the persons to be commuted.
4. Publicity. The list of proposed commutations will be announced.
Legal basis: Article 79 of the Criminal Law: For the commutation of the sentence of a criminal, the enforcement organ is to submit a commutation recommendation to the people's court at the intermediate level or above. The people's courts shall form a collegial panel to conduct trial, and rule to commute the sentence where there are truly facts of repentance and reformation or meritorious service.
Sentences must not be commuted except through legally-prescribed procedures.
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Anonymous users2024-02-05Legal Analysis: The process of commutation is as follows: 1. For the commutation of the criminal's sentence, the enforcement organ shall submit a commutation recommendation to the people's court at or above the intermediate level; 2. The people's court shall form a collegial panel to proceed to the trial of the split; 3. Where there are truly facts of repentance or meritorious service, a ruling is to be given to commutation.
Sentences must not be commuted except through legally-prescribed procedures.
Legal basis: Article 79 of the Criminal Law of the People's Republic of China provides that for the commutation of the sentence of criminals, the enforcement organ shall submit a commutation recommendation to the people's court at the intermediate level or above. The people's courts shall form a collegial panel to conduct trial, and where there are truly facts of repentance or meritorious service, the sentence shall be commuted according to the judgment.
Sentences must not be commuted except through legally-prescribed procedures.
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Anonymous users2024-02-04According to the law, the procedural requirements for commutation are: the enforcement organ submits a commutation recommendation to the intermediate people's court; The people's courts shall form a collegial panel to conduct trial, and rule to commute the sentence where there are truly facts of repentance and reformation or meritorious service. Sentences must not be commuted except through legally-prescribed procedures.
[Legal basis].
Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment during the period of enforcement 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 are any of the following major meritorious service and lenient performances, the sentence shall be commuted. Article 79:For commutation of criminals' sentences, the enforcement organs are to submit a written recommendation for commutation to the people's court at the intermediate level or above. The people's courts shall form a collegial panel to conduct trial, and rule to commute the sentence where there are truly facts of repentance or meritorious service.
Sentences must not be commuted except through legally-prescribed procedures.
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Anonymous users2024-02-03Legal Analysis: First, submit a commutation recommendation to the people's court at or above the intermediate level; The people's court then forms a collegial panel to conduct a trial, and if there is truly repentance or meritorious service, it is to rule to commute the sentence. Criminals sentenced to controlled release or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules during the period of enforcement and truly show repentance and reform.
Legal basis: "Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite 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.
Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3 "Truly showing repentance and reform" refers to meeting the following conditions at the same time:
1) Confession of sin and repentance;
(2) Comply with laws, regulations, and supervision rules, and accept education and reform;
(3) Actively participate in ideological, cultural, and vocational and technical education;
(4) Actively participate in labor and strive to complete labor tasks.
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Anonymous users2024-02-02Legal Analysis: 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 during the enforcement period.
Legal basis: Criminal Law of the People's Republic of China Article 78: 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) Imitation of divination that has outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Other major contributions to the state and society.
Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance and reform" refers to meeting the following conditions at the same time:
1) Confession of sin and repentance;
(2) Comply with laws, regulations, and supervision rules, and accept education and reform;
3) Actively prepare for Mosui to participate in ideological, cultural, vocational and technical education;
(4) Actively participate in labor and strive to complete labor tasks.
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Article 78 of 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 meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted: >>>More
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