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If the sentence is seven years and six months, how long it will take to realize the normal commutation is based on the actual time of commutation, and the law clearly stipulates that the maximum sentence for fixed-term imprisonment may be reduced by half, and in specific circumstances, it can be legally determined and handled on the basis of the actual determination of criminal responsibility, and the sentence may be reduced by up to three and a half years.
Legal analysisWhere there are truly expressions of repentance and reformation or meritorious service, a single commutation is not to exceed 6 months imprisonment, where there are truly expressions of repentance and meritorious service, a single commutation is not to exceed 9 months imprisonment, where there is a major meritorious service, a single commutation is not more than 1 year imprisonment, where a sentence of 10 or more years imprisonment is given, an interval of 2 years or more shall be between the two commutations, and where a sentence of less than 10 years imprisonment is given, an interval of 1 year or 6 months shall be between the two commutations. The target of commutation is a criminal who is currently in the period of enforcement of a criminal punishment, which is the basis for distinguishing between the commutation and sentencing systems, and is also a meritorious performance, and if it appears in the investigation, prosecution, or trial stages, it can be used as a sentencing system to give a criminal suspect a lighter or commuted punishment; However, if there is a meritorious service during the enforcement phase, it can only be used as a prerequisite for commutation of sentence, thus leading to the result of commutation of sentence. The commutation of sentence is for offenders who are in the process of serving their sentences.
This is the fundamental distinction between the commutation and sentencing systems. Giving a criminal suspect a lighter or commuted punishment, but making meritorious service during the enforcement phase, can only be used as a prerequisite for commutation, thus leading to a commutation of punishment.
Legal basisArticle 78 of the Criminal Law of the People's Republic of China: 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, 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 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 indefinite imprisonment is given, it must not be less than 13 years; (3) Where a people's court restricts commutation of a sentence 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 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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There are 3 ways to get out early:
1. Commutation of sentence, which requires major meritorious service and other performances;
2. Parole, which requires the prisoner to behave well, will no longer cause harm to society, and needs to pay a deposit;
3. Medical parole, which is mainly for the case of a prisoner committing a serious illness, and the period of medical parole is counted within the prison term.
In the first two cases, the sentence can only be reduced by a maximum of 1 2, i.e., at least 3 months in prison before commutation and parole are applicable.
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4 5 6 years! It will be faster if we catch up with the amnesty! The amnesty is enough to choke because the amnesty has not been long ago!
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The sentence of one year and six months can generally be released after more than a year.
According to the relevant legal provisions, after the court pronounces the sentence, the sentence is subtracted from the time already in the detention center, and if it is less than one year, the remaining sentence must be served in the detention center, and the sentence will generally not be reduced in the detention center. If it is more than one year, they will be sent to a different prison after a certain period of time, depending on the length of the remaining sentence.
In the absence of commutation of sentence, the deadline on the criminal sentence is the time of issuance. Where the sentence is less than 5 years imprisonment, the sentence may be commuted after one year or more, and where the convict has made a major meritorious service, the time limit described above may be waived.
Criminal Law of the People's Republic of China
Article 78: [Conditions and Limits for 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, detention for years of service, or fixed-term imprisonment is given, it must not be less than half of the original sentence;
(2) Where a sentence of indefinite imprisonment is given, it must not be less than 13 years;
(3) Where a people's court restricts commutation of a sentence 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 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. Article 79: [Procedures for Commutation of Sentences]For commutation of criminals, the enforcement organ is to submit a written recommendation for commutation to a 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]The sentence for commutation of indefinite imprisonment is calculated from the date on which the commutation is ruled.
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If you are sentenced to seven months in prison, you will have to wait for seven months to come out. The circumstances of commutation must not be less than three and a half months.
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 indefinite imprisonment is given, it must not be less than 13 years;
(3) Where a people's court restricts commutation of a sentence 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 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: A seven-month sentence does not necessarily require a seven-month sentence, and the sentence can be commuted.
Legal basis: Article 78 of the Criminal Law of the People's Republic of China provides: 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 indefinite imprisonment is given, it must not be less than 13 years;
(3) Where a people's court restricts commutation of a sentence 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 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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1. How long does it take for a sentence of three years and six months to come out at the earliest?
1. The sentence of three years and six months and the fastest time to come out depends on whether the criminal suspect or defendant has commutation circumstances. If there are expressions of remorse, meritorious service, or major meritorious service, the sentence may be commuted, and the sentence for three years and six months and the period after the commutation is at least one year and nine months.
2. 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 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 the people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, where the death sentence is commuted to life imprisonment in accordance with law, 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, it must not be less than 20 years.
2. How long will it take for the sentence to come out as soon as 11 years in prison.
1. Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment during the period of enforcement shall 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 their sentences may be commuted, or if they have any of the following major meritorious contributions, such as commutation:
Preventing the major criminal activities of others. Reporting major criminal activities inside or outside the prison is verified to be true upon investigation. There are inventions or major technological innovations.
sacrificing oneself to save others in daily production and life. Outstanding performance in resisting natural disasters or eliminating major accidents. Those who have made other significant contributions to the country and society.
2. The actual sentence to be served after commutation must not be less than the following periods: 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. Where a sentence of life imprisonment is given, it must not be less than 13 years.
Where a people's court restricts commutation of a sentence in accordance with provisions, a suspended sentence must not be less than 25 years if the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended sentence, and must not be less than 20 years if the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the suspended period.
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Legal analysis: as fast as one year and three months. If the sentence is two years and six months, and there is no major meritorious service, the sentence cannot be commuted, and it can only be released at the end of the sentence.
If the sentence can be commuted, the actual sentence to be served after the commutation must not be less than one-half of the original sentence. If you have behaved well in prison, have shown remorse or meritorious service, there are many situations in which you can apply for a commutation of sentence.
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 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 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 indefinite imprisonment is given, it must not be less than 13 years; (3) Where a people's court restricts commutation of a sentence 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 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.
In fact, I understand your mood better, because my girlfriend and I have also had the same experience as you, first of all, you don't have to worry too much, you won't be separated like this, because you both love each other deeply, and that is to say, you should indeed make your position clear to your parents, think about it, your parents have a rejection of him, even if he says that he can't tell you a word, I am with my wife because she communicates with his family! And do you know the inevitability of your conflict this time? You are both 25 years old and it is time to get married, you know that a woman's youth is precious, but do you know that a man's youth is also precious? >>>More
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. >>>More
I just want to say that if you and your girlfriend are truly in love, then nothing can tear you apart. The second is the current problem, you can try to talk to your girlfriend's father first, he said that you are unstable at work, not motivated, etc., you have to convince her father to take a period of time (such as three months), let him see your changes before making a decision, if you are allowed, then for the next period of time, you have to work hard. >>>More
I think so, because the little things in life can wear out the patience and love of two people in seven years, and make the relationship vulnerable.
Men generally look at their wives unhappy, it is likely that there are other women outside, personally I think you can chat with him calmly, men prefer freshness, and men at that time will not understand how good their original outfits are. Sometimes, no matter how good you are, it's worthless in his eyes. If your husband can think about it, then he can still get by, and if he really can't think about it, there is no need to torture each other so much, just separate.