Can a repeat offender be sentenced to life again?

Updated on society 2024-04-03
17 answers
  1. Anonymous users2024-02-07

    Convicts sentenced to life imprisonment may have their sentences commuted if they truly show repentance and reformation in practice. For convicts sentenced to life imprisonment, the content of the commutation is a change in the type of punishment, that is, a change from life imprisonment to fixed-term imprisonment.

    Even if it is a life sentence, it will be released early after the sentence is commuted. If the ability to work is robbed due to physical or age reasons, the local ** should be properly arranged in accordance with the law.

  2. Anonymous users2024-02-06

    After a recidivist is sentenced to life imprisonment, I cannot change the sentence in the final trial, but I can strive for a reduction of the sentence through meritorious service and good reform

  3. Anonymous users2024-02-05

    I don't understand what you mean, since the court has already made a judgment, or the court judgment has taken effect, how can the judgment be changed? Because this involves judicial authority, unless you have evidence to prove that the court made an error, etc., you should consult a local professional lawyer.

  4. Anonymous users2024-02-04

    Criminal Law of the People's Republic of China

    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.

  5. Anonymous users2024-02-03

    You have to look at the verdict, the judge will write the basis for the verdict, you have to look at those bases are wrong, or what are the facts that are wrong, what factors can be commuted The judge did not take into account, and so on, and you have to consider whether there is a possibility of reducing the sentence.

  6. Anonymous users2024-02-02

    Legal analysis: not less than thirteen years. The specific range of commutation is:

    1. A person who has truly shown repentance or meritorious service may be commuted to 22 years imprisonment; 2. Where there are truly expressions of repentance and meritorious service, the sentence may be commuted to between 21 and 22 years imprisonment; 3. Where there is a major meritorious service, the sentence may be commuted to between 20 and 21 years imprisonment; 4. Where there are truly expressions of repentance and reformation and major meritorious service, the sentence may be commuted to between 19 and 20 years imprisonment.

    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 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, criminals whose death sentences are suspended must not be less than 25 years after the period of suspension is completed, 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.

  7. Anonymous users2024-02-01

    Not less than 13 years. The details are as follows:1.

    If there is repentance or meritorious service, the sentence may be reduced to 22 years' imprisonment; 2. Where there is truly repentance and meritorious service, the sentence may be commuted to fixed-term imprisonment of not less than 21 years but not more than 22 years; 3. Where there is a major meritorious service, the sentence may be commuted to between 20 and 21 years imprisonment; Where there are truly expressions of repentance and reformation and major meritorious service, the sentence may be commuted to fixed-term imprisonment of between 19 and 20 years.

    Article 8: Article 8 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases".

    The Chinese people take this Huaihe Article 78 of the Criminal Law.

  8. Anonymous users2024-01-31

    Convicts sentenced to indefinite imprisonment may be commuted to fixed-term imprisonment if they meet the requirements for commutation during the period of enforcement of the criminal punishment.

    The range of commutation is: Where Chunqing has truly shown repentance and reformation or has made meritorious contributions, it may be commuted to 22 years imprisonment; where there are truly expressions of repentance and reformation and meritorious service, the sentence may be commuted to between 21 and 22 years imprisonment; where there is a major meritorious service, the sentence may be commuted to between 20 and 21 years imprisonment; Where there are truly expressions of repentance and reformation and major meritorious service, the sentence may be commuted to between 19 and 20 years imprisonment.

  9. Anonymous users2024-01-30

    According to the law, if a convict sentenced to life imprisonment truly repents or makes meritorious service during the period of enforcement, his sentence may be commuted after serving two years.

    Where indefinite convicts commit another crime during the period of execution, and are sentenced to a sentence of up to fixed-term imprisonment, the sentence is generally not commuted for two years from the date on which the judgment for the new crime is determined; Where life imprisonment is given for a new crime, the starting time for commutation should be appropriate.

    The Criminal Law's provisions that the actual sentence for life imprisonment convicts must not be less than 10 years or more shall be calculated from the date on which the life imprisonment judgment is determined.

  10. Anonymous users2024-01-29

    Can a person sentenced to life imprisonment come out? Where the sentence actually to be served on the first day after commutation is sentenced to controlled release, 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 10 years. 1. During the period of enforcement, if a convict of life imprisonment truly repents or makes meritorious service, his sentence may be commuted after serving two years.

  11. Anonymous users2024-01-28

    Article 69 of the Criminal Law of the People's Republic of China (Eighth Amendment) stipulates: Where a person commits several crimes before the judgment is announced, in addition to the death penalty and life imprisonment, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum fixed-term imprisonment for short-term detention shall be one year, the maximum sentence shall not exceed 20 years if the total sentence of fixed-term imprisonment is less than 35 years, and the maximum sentence shall not exceed 25 years if the total sentence is more than 5 years.

  12. Anonymous users2024-01-27

    China's indefinite sentence is lifelong. The term of life imprisonment is calculated from the date on which the judgment pronounces the sentence of blind Li, and the date of detention before the judgment is pronounced cannot be deducted from the sentence, and after the life sentence is commuted to fixed-term imprisonment, the sentence of imprisonment is to be served, and the date of first detention is not deducted from the sentence.

  13. Anonymous users2024-01-26

    Life imprisonment carries at least 13 years in prison. Where a sentence of indefinite imprisonment is given in accordance with article 78 of the Criminal Law, the actual sentence to be served after the commutation must not be less than 13 years. The hall is purely done.

  14. Anonymous users2024-01-25

    Legal analysis: Whether a convict sentenced to life can be commuted to life also needs to be judged according to their performance in prison, and not all convicts can have the possibility of having their sentence commuted to life. Criminals who are sentenced to life hope to be able to get a fixed-term prison sentence, what should they do, come to Hualu.com to find a plan with a lawyer one-on-one**.

    Legal basis: Article 50 of the Criminal Law of the People's Republic of China: Where a suspended death sentence is given, during the period of suspension of the death penalty, if there is no intentional crime, the sentence is commuted to life imprisonment after the completion of the two-year period; If there is truly a major meritorious service, after the completion of the two-year period, the sentence is commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years; If the crime is intentional, and it is verified to be true, the Supreme People's Court shall approve and carry out the death penalty.

  15. Anonymous users2024-01-24

    The sentence is commuted indefinitely, and the sentence needs to be served for 13 years. According to the provisions 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, receive education and reform, and truly show repentance and reform, or have meritorious service. Where a sentence of life imprisonment is given, the actual sentence to be served after the commutation must not be less than 13 years.

    The legal basis is large].

    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;

    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.

  16. Anonymous users2024-01-23

    Hello, according to Article 78 of China's Criminal Law, "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 the 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 above is the relevant answer to the question of how many years of life imprisonment can be commuted to a fixed-term sentence, hopefully, 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 the people's courts follow the provisions of paragraph 2 of Article 50 of this Law to restrict commutation of a criminal whose death sentence is suspended, and whose 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 sentence, it must not be less than 20 years. Article 80: Where a sentence of indefinite imprisonment is commuted to fixed-term imprisonment, it is calculated from the date on which the commutation is made.

    Accordingly, if the sentence is commuted to life imprisonment, it can be reduced to a maximum of 13 years.

  17. Anonymous users2024-01-22

    Summary. Hello dear, happy to serve you <>

    Legal Analysis: According to the law, if a convict sentenced to life imprisonment truly repents or makes meritorious service during the period of enforcement, his sentence may be commuted after serving two years. Where indefinite prison convicts commit another crime during the enforcement period and are sentenced to a sentence of up to fixed-term imprisonment, the sentence is generally not commuted within 2 years from the date on which the judgment for the new crime is determined, and where the new crime is sentenced to life imprisonment, the starting time for commutation should be appropriately extended.

    The Criminal Law's provisions that the actual sentence for indefinite prison convicts must not be less than 13 years shall be calculated from the date on which the indefinite sentence judgment is determined.

    Is it necessary to commute the sentence after two years of life imprisonment?

    Hello dear and happy to serve you <>

    Legal Analysis: According to the law, if a convict sentenced to life imprisonment truly repents or makes meritorious service during the period of enforcement, his sentence may be commuted after serving two years. Where indefinite prison convicts a new crime during the enforcement period and is sentenced to a sentence of up to fixed-term imprisonment, the sentence is generally not commuted within two years from the date on which the judgment for the new crime is determined, and where the new crime is sentenced to life imprisonment, the starting time for commutation should be appropriately extended.

    The Criminal Law's provisions on the actual execution of a sentence of indefinite imprisonment for indefinite imprisonment shall be calculated from the date on which the indefinite sentence judgment is determined.

    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 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, 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.

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