The latest Criminal Law Commutation Interpretations and Judicial Interpretations on Commutation

Article 282:Where, during the period of enforcement, convicts sentenced to controlled release, short-term detention, or fixed-term imprisonment earnestly comply with regulatory provisions, accept education and reform, and truly show repentance and reformation or meritorious service, the enforcement organs may submit a recommendation for commutation; Where there is any of the following major meritorious contributions, the enforcement organ shall submit a recommendation for commutation:

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities, 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. Article 283:Where convicts sentenced to short-term detention or a fixed-term sentence of less than one year have a balance of sentence, and meet the requirements for commutation, the short-term detention center or detention center is to submit a written recommendation for commutation, and after review and approval by a public security organ at the county level or above, report it to the people's court at the intermediate level or above for review and ruling. Article 284:Where convicts sentenced to controlled release meet the requirements for commutation, the police substation enforcing controlled release is to submit a written recommendation for commutation, and after review and approval by a public security organ at the county level or above, report to the local intermediate people's court or above for review and ruling.

Article 285:Where convicts sentenced to fixed-term imprisonment to be executed on behalf of a detention center are to be executed by more than half of the original sentence, and if they earnestly abide by regulatory provisions, accept education and reform, truly show repentance and reform, and do not endanger society again after parole, and may be released on parole, the enforcement detention center is to submit a parole recommendation, and after review and approval by a public security organ at the county level or above, report it to the people's court at the intermediate level or above for review and ruling. Article from: Sichuan Criminal Lawyer Network.

According to the provisions of paragraph 1 of Article 78 of the Criminal Law of the People's Republic of China, commutation of sentence refers to a system whereby criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment are appropriately commuted during the period of enforcement of their criminal punishment because they have truly repented and reformed or made meritorious contributions.

Convicts whose death sentences have been suspended and whose sentences have been commuted to life imprisonment may be commuted after the conditions for commutation are met, and the sentence may be commuted for more than five years. The interval between sentence reductions and the range of sentence reductions are to be implemented in accordance with the provisions of article 9 of these Provisions. When a sentence is commuted to fixed-term imprisonment and then commuted for a suspended death sentence that has been restricted from commutation, the sentence is not to be commuted to more than 6 months imprisonment at a time, and the interval between the two commutations must not be less than 2 years.

For rough beams with major meritorious service, the interval may be appropriately shortened, but the number of commutations is not to exceed one year imprisonment.

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 court shall form a collegial panel to conduct trial, and rule to commute the sentence where Yan Wuyun has truly repented or made meritorious contributions. Sentences must not be commuted except through legally-prescribed procedures.

Legal Analysis: Commutation refers to a criminal punishment enforcement system in which criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment are appropriately commuted during the period of enforcement of the criminal punishment because they have truly repented and reformed or made meritorious contributions. The mitigating sentence has two implications:

The first is to reduce the original heavier sentence to a lighter sentence. If the sentence of life imprisonment is commuted to fixed-term imprisonment, but the fixed-term imprisonment cannot be commuted to short-term detention or controlled release; The second is to reduce the original longer sentence to a shorter sentence, that is, to shorten the sentence of fixed-term imprisonment, short-term detention, and controlled release. II. Conditions for Commutation According to article 78 of the Criminal Law, commutation is divided into two types: those that may be commuted in a loose rotation and those that shall be commuted.

The conditions for the object and the limit of the sentence that may be commuted are the same, but the substantive conditions are different. The following conditions must be met for criminals to apply to commutation: (1) Prerequisites for commutation only apply to criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment.

2) Substantive RequirementsThe substantive requirements for commutation vary depending on the type of commutation. The substantive conditions for "may" commutation of sentence are that the criminal conscientiously abides by prison rules, receives education and corrects during the period of enforcement of the criminal punishment, and truly shows repentance or meritorious service.

Legal basis: "Criminal Law of the People's Republic of China" Article 78: 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 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.

The judicial interpretation on commutation of sentence is contained in Article 78 of the Criminal Law. 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; and where there is major meritorious service, the sentence shall be commuted.

[The basis of the law spine].Article 78, paragraph 1, of the Criminal Code.

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, 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.

Legal Analysis: The judicial interpretation on commutation of sentence is:

1. Commutation refers to a type of criminal law enforcement activity that appropriately commutes the original sentence;

2. The applicable targets of commutation are criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment;

3. The substantive conditions for commutation are that they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service.

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 reformation during the period of enforcement, 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. Sock chain oak.

The judicial interpretation on commutation of sentence is contained in Article 78 of the Criminal Law. Criminals sentenced to prison sentences, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by the rules of the prison system, accept education and reform, and truly show repentance and reform, or have meritorious service; and where there is major meritorious service, the sentence shall be commuted.

Legal basis: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment under the first paragraph of article 78 of the Criminal Law, 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 contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; (2) Conducting searches and reports on major criminal activities inside or outside prisons, 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.