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Let me come to your question, China's law stipulates that for detainees who have made meritorious contributions, the sentence of five years is not too much, and if there is a major meritorious service, the sentence can be reduced to two years, or even two years can be served outside of prison, so that there is no need to go back, even if there is a small meritorious service, the sentence will be commuted for one and a half years as appropriate, so it is best to be able to make meritorious service, I hope it can help you.
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If there is a major meritorious service during the period of release on bail, the law will give a lighter punishment, and in one case, the sentence may be shorter if the sentence is reduced under the original sentencing standards. Another scenario is that there may be a stay of execution.
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Sentencing sentences of 5 to 7 years, and meritorious service during the period of release on bail pending trial, may apply for commutation of sentence based on the size of the meritorious service, which is a reward measure for sentenced persons.
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In the end, the verdict is still based on the original verdict, but the sentence will be commuted because of meritorious service, and the final commutation depends on the size of the meritorious service.
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You are already on bail pending trial, and as long as you perform well during this period and make meritorious contributions, this is the best way to reduce your sentence, and you can report it to the relevant departments, and as long as the relevant departments understand that your situation is true, they will commute your sentence according to the circumstances. This is stipulated by the state and will definitely give you a satisfactory answer.
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During the period of release on guarantee pending further investigation, meritorious service may be reported to the judicial organs, and after the judicial organs learn about it, they may commute the sentence on the basis of the actual circumstances as appropriate.
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The year of your punishment should be subtracted from your meritorious service based on your meritorious service.
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Those who are earnestly reformed, have a heart of repentance, and have great meritorious service, are to be given commutation from time to time.
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This should be reported to the courts by the judiciary for decision.
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Legal Analysis: As far as the current law is concerned, the conditions for meritorious service are relatively strict, and meritorious service can be established by reporting and exposing the crimes of others. Meritorious service on guarantee pending further investigation may not have the sentence commuted, but may be mitigated or commuted.
In the stage of release on bail pending trial, if the criminal suspect has the idea of making meritorious contributions, he can inform him of his understanding of the case or relevant clues, and actively cooperate with him to solve the case. The relevant laws provide that where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, thereby enabling the investigation of other cases, the punishment may be mitigated or commuted, and where there is a major meritorious service, the punishment may be commuted or waived.
Legal basis: Article 68 of the Criminal Law of the People's Republic of China: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, thus enabling the investigation of other cases, the punishment may be mitigated or commuted, and where there is a major meritorious service, punishment may be commuted or waived.
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Legal Analysis: If there is meritorious service during the period of release on bail pending trial, indicating that he has shown remorse, then a suspended sentence may be applied, and the meritorious service may be mitigated or commuted.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;
3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
4) The period of detention is complete, the case has not yet been completed, and it is necessary to take the need for release on bail pending further investigation.
Release on guarantee pending further investigation is to be enforced by the public security organs.
Article 6: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to submit a guarantee or pay a guarantee deposit.
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[Legal Analysis].
If there is a meritorious service during the period of release on bail, indicating that he has shown remorse, then a suspended sentence may be applied, and the meritorious service may be mitigated or commuted.
[Legal basis].
Judgment of the Criminal Procedure Law of the People's Republic of China
Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;
3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
Release on guarantee pending further investigation is to be enforced by the public security organs.
Article 68 The people's courts, people's procuratorates, and public security organs shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit when deciding to release a criminal suspect or defendant on guarantee pending further investigation.
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