Whether there is a limitation on commutation of sentence for 1992 offences

Be at least 17 years old but under 18 years of age.

If you live on your own income and the work you do to earn is not forced, then you are a "person with full capacity", and if you are over 16 years old for committing a crime, you are treated as if you were over 18 years old.

If there is no personal income and they rely on their parents to live, they can have their sentences reduced after committing a crime as a "person with partial capacity" between the ages of 16 and 18.

Under the age of 16 is considered an "incapacitated person".

Legal Analysis: Restricting commutation may reduce sentences, but only for a certain period of time, and cannot be indefinitely commuted, and the minimum period for serving sentences should be ensured. The people's courts may, on the basis of circumstances of the crime, personal dangerousness, and other circumstances, decide to restrict and commute the sentences of recidivists who have been sentenced to a suspended death sentence for intentional homicide, forcible forcible limb rape, robbery, kidnapping, arson, **, disseminating dangerous substances, or organized violent crimes.

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;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) There will be other major tribute to the country and the community.

Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance and reform" refers to meeting the following conditions at the same time:

1) Confession of sin and repentance;

2) Abide by laws, regulations, and supervision rules, and accept education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

Legal Analysis: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment shall have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, truly show repentance and reform, or have meritorious service, and may have their sentences commuted for major meritorious service. (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, and 3) Where the people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, criminals whose sentence is 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 in accordance with law after the completion of the suspended period of enforcement, it must not be less than 20 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 life imprisonment shall have their sentences commuted if they earnestly abide by prison rules, accept education and reform, truly show repentance and reform, or have meritorious service, and may have their sentences commuted to one of the following major meritorious services:

1) Preventing the major criminal activities of others, (2) Reporting major criminal activities inside or outside the prison, which is verified to be true after investigation, (3) There are inventions, creations, or major technological innovations, (4) Sacrificing oneself to save others in daily production and life, (5) Having outstanding performance in resisting natural disasters or eliminating major accidents, and 6) Those who have made significant contributions to the country 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 in accordance with paragraph 2 of article 50 of this Law, the death sentence is commuted to life imprisonment after the completion of the suspended sentence 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.

The conditions for commutation are as follows:

1. Preventing others from carrying out major criminal activities;

2. Provide important clues, or report or expose major criminal activities inside or outside the prison, and verify that they are true;

3. Assisting judicial organs in apprehending co-defendants or other criminal suspects.

4. There are inventions or major technological innovations;

5. In daily production or daily life, there is a situation of sacrificing oneself to save others;

6. Outstanding performance in resisting natural disasters or eliminating major accidents;

7. Those who have made other significant contributions to the country and society.

The limits of commutation are as follows:

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 life imprisonment is given, not less than 13 years;

3. Where the people's courts restrict commutation of sentences in accordance with the provisions of law, criminals whose death sentences are suspended shall have their sentences commuted to life imprisonment to not less than 25 years after the completion of the suspended period, and not less than 20 years imprisonment after the completion of the suspended period of enforcement.

To sum up, commutation of sentence only applies to criminals sentenced to controlled release, criminal detention, fixed-term imprisonment, life imprisonment and suspended death sentences.

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 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 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 a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law, a suspended sentence must not be less than 25 years if the sentence is commuted to life imprisonment after the period of suspension is completed, and where the sentence is commuted to 25 years imprisonment after the completion of the period of suspension of enforcement, it must not be less than 20 years.

Article 78 of China's "Criminal Law" stipulates: 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; and where there is major meritorious service, the sentence shall be commuted. Commutation refers to criminal justice activities in which convicts who have been sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment in accordance with law have legally-prescribed commutation circumstances, and the organ responsible for enforcing the criminal punishment submits materials, and the people's court commutes the original sentence in accordance with law.

Conditions for commutation of sentence: Genuine repentance or meritorious service during the period of enforcement. Truly repentant and reformed means that the convict earnestly abides by the rules of prison filial piety, accepts education and reform, and shows repentance.

Where there are any of the following major meritorious contributions, the sentence shall be commuted: obstructing the major criminal activities of others; Reporting major criminal activities inside or outside the prison is verified to be true upon investigation; There are inventions or major technological innovations; sacrificing oneself to save others in daily production and life; Outstanding performance in resisting natural disasters or eliminating major accidents; Those who have made other significant contributions to the country and society. Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is actually served after commutation, 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.

Fixed-term and indefinite sentences are calculated from the date of commutation, and the remainder are calculated from the date of the original judgment.

Article 78 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, 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) Stopping 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) Sacrifice oneself to save others in daily production and life;5) Outstanding performance in resisting natural disasters or eliminating major accidents; Article 79:For commutation of criminals' sentences, the enforcement organs are to submit a written recommendation for commutation 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.