The new commutation rules implemented on July 1, 2012 are stricter or looser than before?

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:

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.

Hello. Please see the answer:

Commutation refers to a criminal punishment enforcement system where, during the period of enforcement of criminal punishments, criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment, earnestly abide by prison rules, accept education and reform, and truly show repentance and reformation or meritorious service, their original punishment is appropriately commuted.

Commutation refers to the appropriate commutation of the original sentence of the criminal, including: (1) commutation of the original heavier sentence to a lighter punishment, that is, the reduction of the punishment; The second is to reduce the original longer sentence to a shorter sentence, that is, the reduction of the sentence.

1. The targets of commutation are criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment, and among the five main punishments provided for in the Criminal Law, commutation may be applied to all other types of principal punishments other than the death penalty.

2. The substantive conditions for applying commutation. Commutation may be applied as long as criminals conscientiously abide by prison rules, receive education and reform, and truly show repentance or meritorious service during the period of enforcement of their criminal punishment. Commutation shall be applied to those who have any of the following major meritorious contributions:

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 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) Other major contributions to the country and society.

In order to preserve the seriousness of the punishment and ensure the effectiveness of enforcement, the commutation of the sentence must not exceed the necessary limit. 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.

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 reduce those who have truly repented or made meritorious contributions. Sentences must not be commuted except in accordance with legal procedures.

Method for calculating the sentence after commutation:

First, where the original sentence is controlled release, short-term detention, or fixed-term imprisonment, the sentence after commutation shall be calculated from the date on which the judgment is enforced, and the sentence that has already been served (including the time spent in detention before the judgment is announced) shall be counted in the sentence after commutation.

Second, where the original sentence is life imprisonment commuted to fixed-term imprisonment, the sentence after the commutation is calculated from the date on which the commutation is ruled, and the sentence already served before the commutation is not counted in the sentence after the commutation.

There are no new rules, it's still the same.

Don't talk about the law, this one recognizes money. You know.

See Article 78 of the Criminal Law [Conditions and Limits for the Application of Commutation]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 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 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.

This depends on whether there is meritorious service, not that it is applicable to all prisoners, whether it meets the requirements needs to be strictly reviewed, and the performance during the review period is also very important, if there is meritorious service but there is no declaration of this, there is no chance, 40 00 00 91 64

There is no clear legal provision for the revocation of the commutation of the sentence, but it is not illegal for the commutation court to make a revocation ruling on the convict, understand?

In 2020, there were no new policies and regulations, and now they are implemented At the beginning of 2014, the Political and Legal Committee of the Communist Party of China issued the "Opinions on Strictly Regulating Commutation, Parole, and Temporary Execution of Sentences Outside of Prison, and Effectively Preventing Judicial Corruption". Commutation refers to a type of criminal law enforcement activity that appropriately commutes the original sentence from the premature spine period. 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, 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.

Legal basisArticle 78 of the Criminal Code.

Conditions and Limits for Applying Commutation 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 incidents; 6) Other major contributions to the state and society.

Article 78 of the Criminal Law provides:

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.

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.

Amendments to the Penal Code. Amendment (8) to the Criminal Law on commutation of sentences.

1. Where a sentence of indefinite imprisonment is given, the actual sentence to be served after the commutation must not be less than 13 years;

2. Where a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law for criminals whose death sentence is suspended, and after the period of suspension is completed, commutation to life imprisonment in accordance with law, the actual sentence to be served after the commutation must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended period, it must not be less than 20 years. (Article 15 of the Amendment).

The sentence is eight years, and the sentence for recidivism and voluntary surrender can be reduced by a maximum of a few years, and will it be less than the reduction of the sentence for the first offense.

The commutation must not be less than one-half of the original sentence, and where the actual sentence is controlled, short-term detention, or fixed-term imprisonment, 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. The term of life imprisonment is calculated from the date on which the judgment is announced, and the date of detention before the judgment is pronounced cannot be deducted from the sentence, and after the life imprisonment sentence is commuted to fixed-term imprisonment, the sentence is to be served, and the date of the first detention is not to be deducted from the sentence.

The conditions under which the death penalty can be waived are as follows:

1. In accordance with the provisions of law, it is not sufficient to sentence the death penalty to imitate the head;

2. There are legally prescribed mitigating or mitigating circumstances, and they are given a mitigating or mitigating disposition;

3. The death penalty is not applicable to juveniles and mentally ill persons. those who are deaf and dumb shall be punished lightly;

4. Prisoners who have made meritorious contributions may also be exempted from the death penalty;

5. In the case where the victim is at fault, the defendant's fault and culpability may be reduced.

Legal basisArticle 78 of the Criminal Law of the People's Republic of China.

Conditions and Limits for Commutation of Sentence] 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 and allowing major excavations 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.