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Theoretically speaking, after a fixed-term imprisonment has been commuted once or by a number, the actual sentence to be served cannot be less than half of the original sentence. However, in judicial practice, after several commutations, the sentence can generally be reduced by 30 to 40%.
Article 78 of the Criminal Law: [Conditions and Limits of Application]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.
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If the remaining sentence is 10 months a year, it is very difficult to reduce the sentence, and the newly admitted convicts are not very suitable for labor and other aspects, so the points earned are relatively low, and when they earn the points that reach the reduced sentence, they are basically released from prison normally. The range of commutation of sentences of less than 5 years is generally not more than one year, and at most 8-10 months of reduction, and the time of imprisonment is generally 1 to 1 year and 1/2 years or more, and the remaining sentence at the time of commutation is generally not less than 6 months.
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The commutation of the sentence for any reason must be more than half of the sentence.
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Looking at the performance of the sentence reduction, it is estimated that the guarantee can be reduced by a few months.
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People who haven't experienced it, they won't know, they will just talk nonsense, I'll tell you!
Why should the protest be together, because if the protest is made, the court will not be able to issue an enforcement notice to the detention center, and the detention center does not have an enforcement notice, so the criminal cannot be sent to prison, and the court must wait for the procedure to be completed, and after the appeal period, the court can issue an enforcement notice before going to prison.
3 years and 4 months, that is, 40 months, remove 18 months, that is, 22 months, the time is completely enough, like here in Shanghai, less than 5 years and more than 3 years, the sentence can be reduced for more than one year, and the score is not a problem, because as long as you don't violate discipline and fight, the police inside will help you think about it, so parole 8 10 months is not a problem, and if the sentence is reduced, it will be up to 6 months.
My real experience, hope!
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Legal Analysis: Theoretically, it is possible, but if the sentence is only one year and four months, the sentence is short, and the procedure for commutation is more complicated, so the commutation of sentence is relatively rare. An individual's application and approval from the people's court are required before the sentence can be commuted or paroled, and the sentence already served is more than half of the original sentence.
Where the conditions for commutation are met, the sentence to be sentenced to fixed-term imprisonment must not be less than 1 2, that is, one year and four months, and the sentence may be reduced by up to eight months.
Legal basis: Article 78 of the "Law on the Completion of Criminal Punishment" 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 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 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.
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Sentenced to four years, with a reduced sentence of up to two years. Criminals sentenced to life imprisonment, fixed-term imprisonment, short-term detention, or controlled release 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 major meritorious service, the sentence shall be commuted. 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 after commutation.
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 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 the major criminal activities of carrying 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; 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;
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Sentenced to four years and three months, what is the maximum sentence that can be reduced?? 1. The sentence actually served after commutation must not be less than one-half of the original sentence, that is, a maximum of half of the sentence is reduced. 2. 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 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, hand failures, 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. [3] III. Amendment (8) to the Criminal Law on Commutation 1. Where a sentence of life imprisonment is given, the actual sentence to be served after the commutation must not be less than 13 years; 2. Where the People's Law Chi Xiang Yuan restricts commutation of the death sentence of a criminal whose death sentence has been suspended in accordance with the provisions of paragraph 2 of article 50 of this Law, and the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended sentence, 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 in accordance with law after the completion of the suspended enforcement period, it must not be less than 20 years. (Article 15 of the Amendment) The above is what I have summarized for you, and I hope you understand.
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Summary. Hello dear, glad to answer for you. Probationers are generally not eligible for commutation of their sentences. However, if a criminal who has been given a suspended sentence has made major meritorious contributions during the probationary period of a suspended sentence, the sentence may be commuted, and at the same time the probationary period of the suspended sentence shall be reduced in accordance with law.
Dear, hello, very high socks Zaoxing will answer for you. Probationers are generally not eligible for commutation of their sentences. However, if a criminal who has been given a suspended sentence tells him that he has made a serious or meritorious service during the probationary period of a suspended sentence, his sentence may be commuted, and his probationary period of probation shall be reduced in accordance with law.
Legal basis: Commutation is generally not applicable to convicts sentenced to short-term detention or fixed-term imprisonment of less than three years and given a suspended sentence in Article 10 of the Supreme People's Court's Judicial Interpretation on State Compensation (1-10). Where the convicts provided for in the preceding paragraph have major meritorious service during the probationary period of a suspended sentence, the provisions of Criminal Law article 78 may be referred to to commute the previous sentence, and at the same time, the probationary period of the suspended sentence shall be reduced in accordance with law.
The probationary period of a suspended sentence for short-term detention must not be less than two months, and the probationary period for fixed-term imprisonment must not be less than one year.
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Legal analysis: The actual sentence to be served after commutation must not be less than half of the original sentence, that is, the sentence can be reduced by up to half of the sentence, that is, the sentence can be reduced by up to 2 years.
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 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; Sails thicket.
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 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 is no specific provision for how much the sentence will be reduced, so it depends on the specific circumstances of the crime and the performance of the criminal, etc. According to the relevant laws of the state, if Xiao Chong is sentenced to three years and three months in prison, then the sentence can be reduced by up to half of the original sentence.
1. How many procedures will be reduced for prison commutation?
The sentence may be reduced by up to half of the sentence, and the relevant laws provide as follows: Criminals sentenced to short-term detention, fixed-term imprisonment of less than three years, or suspended sentences, generally do not apply commutation. If there is a major meritorious service during the probation examination, the sentence may be commuted and the probationary period may be reduced at the same time.
However, the actual sentence to be served after commutation cannot be less than one-half of the original sentence, and the corresponding reduced probationary period of probation may unfortunately be less than the actual sentence to be served after commutation.
2. How many years can a life imprisonment sentence be commuted.
Convicts sentenced to life imprisonment may have their sentences commuted after two years of serving their sentences if they have repented and made meritorious contributions during the period of serving their sentences. If the offender has truly repented or made meritorious contributions, the sentence may be commuted to between 18 and 20 years imprisonment; If the offender is a life offender with major meritorious service, the sentence may be reduced to between 13 and 18 years imprisonment. Criminals who are currently serving their sentences can only have their sentences commuted if they meet the legally prescribed requirements for commutation, and the exact amount of commutation depends on the actual situation.
3. How many years can the sentence be reduced?
Commutation may only be used for a maximum of half the length of the sentence in the original sentence, and its specific provisions are that criminals sentenced to short-term detention or sentenced to less than three years imprisonment or given a suspended sentence are generally not to be applied, but if they have made major meritorious contributions during the probation examination, the sentence may be commuted, and the probationary period may be reduced at the same time, and the actual sentence to be served after the commutation must not be less than one-half of the original sentence, and the corresponding reduced probationary period of the suspended sentence must not be less than the actual sentence to be served after the commutation. Therefore, the relevant provisions on commutation of sentence can only be commuted for a maximum of less than half the number of years.
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 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 life 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 5 or paragraph 2 of article 10 of this Law, where the death 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 after the completion of the period of suspension is completed, it must not be less than 20 years.
The law on commutation of sentence is clear.
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