Sentenced to 10 years in prison, 8 years in prison, commuted by 1 year, can you come out this year

The sentence was 10 years, with a one-year sentence commuted, and it was necessary to serve nine years before he could be released, and now he has only served eight years in prison and cannot be released.

Legal Analysis: Where a sentence of 14 years in prison is given, during the enforcement period, if they conscientiously abide by the prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service, the sentence may be commuted, but the commutation must not be less than one-half of the original sentence, so under normal circumstances, eight years can be released.

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 sentence actually 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 for criminals whose death sentence has been suspended, and where the sentence is commuted to life imprisonment after the completion of the suspended period 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 completion of the suspended period, it must not be less than 20 years.

1. Can I come out after 8 years of commutation of the sentence of 14 years?

1. After the sentence of 14 years is commuted, he can come out 8 years later. Where a sentence of 14 years in prison is given, during the enforcement period, if they conscientiously abide by prison rules, accept education and reform, truly show repentance and reform, or have meritorious service, the sentence may be commuted, but the commutation must not be less than one-half of the original sentence, so under normal circumstances, eight years can be released.

2. Legal basis: Article 78 of the Criminal Law of the People's Republic of China.

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 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 or 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 one-half of the original sentence;

(2) Where a sentence of indefinite 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.

2. What is the process from criminal detention to sentencing.

The process from criminal detention to sentencing is as follows:

1. The public security organs may criminally detain those who are currently committing crimes or who are seriously lacking caution. In the case of detainees, interrogation shall be conducted after detention;

2. After the criminal suspect is interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, he may hire a lawyer to provide him with legal advice, appeal, or accusation;

3. The retained lawyer has the right to learn from the investigating organs about the crimes that the criminal suspect is suspected of, and may meet with the criminal suspect in custody to learn about the case from the criminal suspect;

4. When reviewing a case, the people's procuratorate shall interrogate the criminal suspect and hear the opinions of the victim and the criminal suspect or the person entrusted by the victim;

5. After the people's court conducts a review of the case in which the public prosecution has been initiated, it shall decide to try the case where there are clear facts of the alleged crime in the indictment and a catalog of evidence, a list of witnesses, and a copy of the main evidence or **.

Legal analysis: This depends on its performance, whether it meets the provisions on commutation, if the sentence can be commuted if it is not sued, in principle, it is not less than half of 8 years, and it can be released from prison after more than 4 years, and the sentence cannot be commuted, and the 8-year period must be completed.

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 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.

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 one-half of the original sentence; Where a sentence of life imprisonment is given, it must not be less than 10 years.

Legal Analysis: A sentence of 14 years can be released after a commutation of 8 years. Because the limitation of the sentence is that more than half of the original sentence must be served, one half of the 14 years is seven years, and eight years are eligible, so they can be released.

Legal basis: On the basis of 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 national leather beaters 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 may be less than one-half of the original sentence; (2) Where a sentence of indefinite 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.