How does the new Criminal Code provide for a reduced sentence? How to reduce the sentence in the new

Section 6: Commutation of sentences.

Article 78: [Conditions and Limits for Application]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 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.

Article 79: [Procedures]For commutation of criminals' sentences, the enforcement organ is 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 and reformation or meritorious service. Sentences must not be commuted except through legally-prescribed procedures.

Article 80: [Calculation of Sentence for Commutation of Indefinite Imprisonment]Where a sentence of indefinite imprisonment is commuted to fixed-term imprisonment, it is calculated from the date on which the commutation is ruled.

Commutation is premised on the inmate's genuine repentance or meritorious service. In order to examine whether a prisoner has truly repented or made meritorious contributions, it is necessary to pass through a certain period of time to serve a sentence and be tested and observed. At the same time, the repentance or meritorious service of the inmates also has a process of enhancing their ideological understanding and manifesting it in concrete actions.

Therefore, it is not possible to commute the sentence immediately after serving the sentence, but there should be a starting time for the commutation. The starting time for commutation shall be determined on the basis of the different types of sentences and the length of sentences.

According to Article 3 of the above-cited judicial interpretation, the starting time for commutation of sentences for fixed-term convicts is as follows: Convicts sentenced to more than five years imprisonment may generally have their sentences commuted after serving more than one and a half years.

It may be pushed that a fixed-term imprisonment of less than five years may be commuted within one and a half years, but the conditions for commutation must be met.

Commutation refers to a type of criminal law enforcement activity that appropriately commutes the original sentence. Commutation in the narrow sense refers to criminal justice activities in which convicts who have been sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment in accordance with law have legally-prescribed commutation circumstances, and the organ responsible for enforcing the criminal punishment submits materials, and the people's court commutes the original sentence in accordance with law;

Commutation in a broad sense refers to criminal justice activities in which the organ responsible for enforcing the criminal punishment submits materials to all persons who have received criminal punishment when there are legally prescribed circumstances for commutation, and the people's court commutes the original sentence in accordance with law.

In February 2014, the Political and Legal Affairs Committee stipulated that after a suspended death sentence for three types of offenders such as job-related crimes, the minimum sentence after commutation shall not be less than 22 years.

What are the new provisions for commutation of sentences?

Legal Analysis: The new Criminal Law commutes sentences as follows: Criminals sentenced to controlled release, short-term detention, or fixed-term imprisonment or life imprisonment may have their sentences commuted if they conscientiously abide by prison regulations, accept educational reforms, and show genuine repentance or meritorious service during the enforcement period.

In addition, where major criminal activities of others are prevented, major criminal activities inside or outside the prison are reported, and upon investigation and verification, as well as other major contributions to the state and society, the sentence may also be commuted in light of the circumstances.

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 "Genuine expression of repentance" refers to the following conditions being met at the same time:

1) Confession of sin and repentance;

2) Abide by laws, regulations, and supervision rules, and accept education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

The new provisions on commutation of sentences are: 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 period of enforcement. At the same time, if the major criminal activities of others are prevented; Where major criminal activities inside or outside the prison are reported, and upon investigation it is found to be true, and other legally-prescribed circumstances, the sentence shall be commuted.

[Legal basis].Article 78, paragraph 1, of the Criminal Code.

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 on commutation of sentences: Where a sentence of life imprisonment is given, the actual sentence to be served after the commutation must not be less than 13 years. Where the suspended sentence is commuted to indefinite imprisonment in accordance with law after the completion of the suspended period, it must not be less than 25 years.

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.

[Legal basis].Article 78 of the Criminal Code.

The actual sentence to be served after the 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 the people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, where the death sentence is suspended and commuted to life imprisonment 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 after the completion of the period of suspension is completed, it must not be less than 20 years.

Legal Analysis: The provisions on commutation are as follows: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they recognize that they are genuinely abiding by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service during the enforcement period; 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.

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) 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) Abide by laws, regulations, and supervision rules, and accept education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

The provisions on commutation of sentences are as follows: 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 reverence, 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.

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 during the period of enforcement earnestly abide by prison rules, receive 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) Abide by laws, regulations, and supervision rules, and accept education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

1) The High People's Court for the place where the convict is serving his sentence is to make a ruling on commutation of a sentence for a convict sentenced to a suspended death sentence within one month of receiving a commutation recommendation reviewed and approved by the prison management organ at the same level;

2) The High People's Court for the place where the convict is serving his sentence is to make a ruling on commutation or parole for convicts sentenced to indefinite imprisonment within one month of receiving a written recommendation for commutation or parole reviewed and approved by the prison management organ at the same level, and where the case is complicated or the circumstances are special, it may be extended by one month;

3) The intermediate people's court for the place where the convict is serving his sentence is to make a ruling within one month of receiving the commutation or parole recommendation submitted by the enforcement organ, and where the circumstances of the case are complicated or the circumstances are special, an extension of one month may be made;

4) The intermediate people's court for the place where the convict is serving his sentence is to make a ruling on commutation or parole for convicts sentenced to short-term detention or controlled release within one month of receiving a commutation or parole recommendation reviewed and approved by the enforcement organ at the same level.

The relevant provisions of the preceding paragraph shall be applied separately to commutations of sentences for convicts temporarily serving their sentence outside of prison.

The provisions of the Criminal Law on commutation of sentence are: 1Criminals 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 remorse and reform, or make meritorious contributions; 2.

Where there is a major legally-prescribed meritorious service, the sentence shall be commuted.

Article 78 of the Criminal Law of the People's Republic of China: Conditions and Limits for Commutation 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) 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.