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The law on commutation of sentence is clear.
During the enforcement period, if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service, their sentence may be commuted; Where there are any of the following major meritorious contributions, the sentence shall be commuted: 1Preventing the major criminal activities of others; 2.
Reporting major criminal activities inside or outside the prison is verified to be true upon investigation; 3.There are inventions or major technological innovations; 4.sacrificing oneself to save others in daily production and life; 5.
Outstanding performance in resisting natural disasters or eliminating major accidents; 6.Those who have made other significant contributions to the country and society.
The actual sentence to be served after commutation must not be less than 1 2
Try to find a way to make meritorious contributions, it's up to people.
You see, if the sentence is commuted now, for example, if the sentence is reduced by 2 years, then the actual execution will only take 2 years, and the previous 4 months of detention can be deducted from the sentence by 4 months, and the final sentence will be 20 months.
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In fact, the 4-year sentence can't be reduced! There is a limit to the number of places that can be commuted each time! It's also to see if the points are enough!
You have to earn work points to reduce your sentence! It is estimated that the sentence of 4 years can sweep away the cruelty! Let's subtract it by half a year!
I also said that your family spent money on errands!
Another way is to make meritorious contributions! But it's not so easy to stand! Spend money to buy the case and report it!
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Article 78 of the Criminal Law stipulates that [Conditions and Limits of Application] 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 make meritorious contributions; 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 29 of the Prison Law stipulates that if a convict sentenced to life imprisonment or fixed-term imprisonment truly repents or makes meritorious service during the period of serving his sentence, his sentence may be commuted on the basis of the results of the prison evaluation.
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.
In judicial practice, scoring and evaluation are generally conducted on the basis of the convict's actual performance, including ideological performance, academic performance, labor performance, and whether or not he has received meritorious service or awards, and the prison is to report to the people's court for commutation of the sentence when the reward points are accumulated to a certain range. Generally speaking, more than 80 percent of the convicts in custody have the opportunity to have their sentences commuted, and those with outstanding performance can generally have their original sentences reduced by about one-third, and those with better performance can have their sentences reduced by about one-fourth. [Yueqing lawyer].
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In principle, it cannot be more than half of the original sentence.
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Legal analysis: A four-year sentence can only be reduced by up to one-half, and after being imprisoned, the sentence can be reduced as long as the conditions are met, and there is no time limit.
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 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.
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 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.
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Legal analysis: A sentence of 4 years can be reduced by up to two years. Because the law stipulates that if a person is sentenced to controlled release, short-term detention, or fixed-term imprisonment, the period of imprisonment after commutation shall not be less than one half of the original sentence, and one-half of the four-year sentence is two years.
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 one-half of the original sentence, and so forth.
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 the people's courts restrict commutation of sentences in accordance with the provisions of paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended sentence, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended period of enforcement, it must not be less than 20 years.
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Those sentenced to fixed-term imprisonment can only be commuted by up to one-half, and after being imprisoned, the sentence can be commuted as long as the conditions are met, and there is no time limit.
Commutation of sentence is a measure in the course of the enforcement of a sentence under the Criminal Law. It is a system for appropriately commuting the original sentence of criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment who truly show repentance or meritorious service during the period of enforcement.
Legal basis] According to Article 78 of the Criminal Law, the actual sentence to be served after the commutation shall 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;
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The victim's letter of understanding is not a condition for commutation. The letter of understanding is used by the judge as a reference factor in reducing the sentence before sentencing. After the verdict is rendered, the only way to reduce the sentence is to conscientiously abide by the prison rules, to receive education and reform, and to make contributions.
Article 78 of the Criminal Law: 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) Obstructing the major criminal activities of others; (2) Concealing the wisdom of reporting major criminal activities inside or outside the prison, and it 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 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. Those sentenced to life imprisonment must not be less than 13 years.
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The sentence of 4 years can be reduced by up to two years. This is because the law stipulates that where a person is sentenced to controlled release, short-term detention, or fixed-term imprisonment, the period of sentence served after commutation must not be less than one-half of the original sentence, and one-half of the four-year sentence is two years.
1. How to reduce the sentence after the sentence in a fraud case.
The enforcement organ is to submit a commutation recommendation to the intermediate people's court 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. Where the sentence actually served after commutation is given, and 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; Where a sentence of life imprisonment is given, it must not be less than 10 years.
2. What does commutation mean?
Commutation refers to criminal law enforcement activities that appropriately reduce the original sentence. The "Criminal Law of the People's Republic of China" does not specify the number of commutations, but there are provisions on the actual execution of sentences after commutation, and there cannot be unlimited commutations. Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is actually served after commutation, it must not be less than one-half of the original sentence.
That is to say, where a sentence of four years imprisonment is given, there is no limit to the number of commutations, but the actual sentence to be served after commutation must not be less than two years.
3. Can the sentence of 10 months be commuted?
The sentence of 10 months may be commuted. According to relevant laws and regulations, 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; The actual sentence to be served after commutation must not be less than the following periods: where controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than one-half of the original sentence; Where a sentence of life imprisonment is given, it must not be less than 13 years.
Paragraph 2 of Article 78 of the Criminal Procedure Law, 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;
Where the people's courts follow the provisions of paragraph 2 of Article 50 of this Law and include the restrictions on commutation of the death penalty of criminals whose sentence is suspended, and whose sentence is commuted to life imprisonment after the completion of the suspended period of enforcement, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 20 years.
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Legal analysis: If an employee dies in a traffic accident on the way to work, if it is to be recognized as a work-related injury, the employee must not be recognized by the traffic police as having to bear the main responsibility in the traffic accident before it can be recognized as a work-related injury. (1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (5) During the period of going out for work, the whereabouts of the injured person or the person who started the accident are unknown; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
If an employee dies on the job, his close relatives shall receive Tongju funeral subsidy, pension for relatives and one-time work-related death subsidy from work-related injury insurance** in accordance with the following provisions:
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 3 Where a worker of an employer who is required to participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting the employer to bear civil liability for compensation, he or she shall be informed to handle it in accordance with the provisions of the "Regulations on Work-related Injury Insurance". Where a third party other than the employer infringes upon a worker's personal injury, and the compensation rights holder requests that the third party bear civil liability for compensation, the people's court shall support it.
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The sentence is 4 years, and Zaodou can reduce the sentence by up to 2 years. Paragraph 2 of Article 78 of the Criminal Law of the People's Republic of China stipulates that where the sentence actually served after the sentence is destroyed and sentenced to imprisonment with a stool ruler grinding period, it must not be less than one-half of the original sentence. One half of the four-year prison sentence is two years.
Article 78 of the Criminal Law of the People's Republic of China provides that 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 one-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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