Can the sentence be commuted if you behave well in criminal detention while drunk, and can you reduc

Criminals sentenced to short-term detention 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.

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 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.

A drunk driver sentenced to criminal detention can be commuted. In accordance with the provisions of relevant state laws, criminals sentenced to short-term detention, controlled release, or fixed-term imprisonment may have their sentences commuted in accordance with law if they show remorse, conscientiously abide by the rules, or make meritorious contributions, but they must not be less than half of the original sentence.

1. How many years can the criminal law be reduced by 3 years.

After the sentence of fixed-term imprisonment has been commuted, the period actually served must not be less than one-half, and a sentence of three years imprisonment must be served at least one year and six months. 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 10 years.

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;

2. Can the sentence be commuted after being deprived of political rights for life?

1) China's relevant laws provide that even if a person is deprived of political rights, as long as it complies with the provisions of law, he may still apply for commutation, and for commutation of a criminal's sentence, the enforcement organ is to submit a commutation recommendation 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.

2) Article 78 of the "Criminal Law of the People's Republic of China" stipulates: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment for friendship and defeat may, during the period of enforcement, 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 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 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 significant contributions to the country and society.

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.

Criminal Law" Article 78: [Conditions and Limits of Application]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 during the enforcement period; 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 follow the provisions of paragraph 2 of article 50 of this Law to restrict the commutation of the death penalty to a suspended sentence, and 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.

Legal analysis: There is no necessary connection between the two, and drunk driving also considers whether it is enough to constitute the crime of dangerous driving, and only after constituting a criminal offense and being sentenced in accordance with the law, it is decided to determine whether the conditions for commutation are met. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan.

Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.

Legal basis: Criminal Law of the People's Republic of China" Article 18: Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, by ** compulsory medical treatment. An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility.

Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted. A person who commits a crime while intoxicated shall bear criminal responsibility.

Road Traffic Safety Law of the People's Republic of China Article 91 Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and pursue criminal responsibility in accordance with law; A new motor vehicle driver's license shall not be obtained again within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the driver's license of the motor vehicle, and investigate criminal responsibility in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

Where the following conditions are met, a suspended sentence may be given: short-term detention or up to three years imprisonment is given, and the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; The probation is not pronounced with significant adverse effects on the community in which it resides. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

Legal basis] Article 72 of the Criminal Law.

Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

If a person is drunk and unconscious, but obstructs the police from performing their duties in accordance with the law by means of violence or threats, he is suspected of the crime of obstructing official duties, and will be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine depending on the sentencing circumstances. It should be noted that drunkenness and stupidity are not sentencing circumstances, and criminal responsibility cannot be mitigated or exempted on the grounds of unconsciousness. Article 133 of the Criminal Law Whoever violates the laws and regulations on the administration of transportation and thus causes a major accident and Li Heng causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

For drunk driving, if the blood alcohol content does not exceed 200 mg and 100 ml, if there are no circumstances such as driving without a license, drunk driving record, etc., a suspended sentence can be given.

Opinions on Several Issues Concerning the Application of Law in Handling Cases of Criminal Repentance for Driving Motor Vehicles While Intoxicated":

1. Driving a motor vehicle on the road with a blood alcohol content of 80 mg to 100 ml or more is considered to be driving a motor vehicle while intoxicated, and is to be convicted and punished as the crime of dangerous driving in accordance with the provisions of paragraph 1 of Criminal Law article 133-1.

The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.

2. In any of the following circumstances, driving a motor vehicle while intoxicated is to be given a heavier punishment in accordance with the provisions of paragraph 1 of Criminal Law article 133-1:

1) Causing a traffic bridge grinding accident and bearing full or primary responsibility for the accident, or escaping after causing a traffic accident, which has not yet constituted another crime;

2) Blood alcohol content of 200 mg or more than 100 ml;

3) Driving on highways or urban expressways;

4) Driving a commercial motor vehicle carrying passengers;

5) Serious violations of the Road Traffic Safety Law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualifications, using forged or altered motor vehicle license plates;

6) Evading lawful inspections by public security organs, or refusing or obstructing lawful inspections by public security organs that have not yet constituted other crimes;

7) Those who have previously received administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol;

8) Other circumstances that may be given a heavier punishment.

If the court is sentenced to criminal detention for drunk driving, but the suspended sentence is not announced at the same time, it is not possible to apply for a suspended sentence alone, and the court needs to announce it at the same time.