Can a sentence of two and a half years be reduced, and how much can a sentence of two and a half yea

Updated on society 2024-04-15
13 answers
  1. Anonymous users2024-02-07

    If a sentence of 2 and a half years is given, in addition to the time spent in the detention center, there will generally be 2 years left in the prison, and then 3 months of intensive training and reform, during which they will not participate in the effective score assessment, so that they will be assigned to the following prison area for about 1 year and 9 months. If this kind of sentence is served in the northern prison, the sentence is basically not commuted, because the north is generally commuted according to 4 batches per year, according to the effective score of the ranking, short-term prisoners do not wait to earn enough points to expire, and some places stipulate that the remaining sentence of less than 6 months is generally not reported for commutation, so that you earn points for about 1 year at most, no matter how good you do, the maximum score is 6 points per month, only 72 points a year, and the minimum score for commutation under 5 years is 80 points, so it is calculated in this way, Even if you do a good job, there's no chance of a reduction in your sentence. However, it is still possible if there are no violations of discipline in the southern provinces, and it is possible to get the highest effective score reward every month.

    You'd better consult the penal enforcement department of your prison specifically, because the regulations on commutation are a little different from place to place, and these questions are not confidential.

  2. Anonymous users2024-02-06

    As long as they obey labor discipline, perform well, and make meritorious contributions, their sentences can be commuted.

    The range of commutation is within half of the sentence period.

  3. Anonymous users2024-02-05

    Sentences may be commuted in accordance with provisions.

    In fact, the time is short, and there are not many opportunities for a reduced sentence.

    Commutation of sentence is also not excluded.

    The Criminal Law has specific provisions on commutation of sentences.

    If the commutation is met, the prison will propose it, and the local intermediate court will make a ruling.

  4. Anonymous users2024-02-04

    Of course, the sentence can be commuted, and those who have performed well in prison and have a repentant heart will have corresponding commutation regulations, and there should be prison guards who will tell you about this when you are in prison.

  5. Anonymous users2024-02-03

    How much can a sentence be reduced by two years?

  6. Anonymous users2024-02-02

    In the cell, if you have outstanding grades and have made significant contributions, you can.

  7. Anonymous users2024-02-01

    Sentences may be commuted if the following conditions are met. According to the provisions of article 78 of the Criminal Law, criminals sentenced to criminal control, 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.

    The above-mentioned manifestations of repentance and reformation refer to the four conditions of admitting guilt and repentance, conscientiously abiding by laws, regulations, and prison rules, accepting education and reform, actively participating in ideological and cultural educational activities, actively participating in labor, and completing labor tasks.

    If there are any of the following manifestations, the sentence shall also be commuted:

    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.

    II. How to apply for commutation of sentence.

    After meeting the criteria for applying for commutation, it shall first be clearly stated that the application for commutation shall be submitted to the warden of the prison serving the sentence, and the following content shall be stated in the application:

    1. The applicant's name, gender, age, place of household registration, and the date of the court's judgment, charge and date of execution;

    2. The circumstances and reasons for the crime and the positive behavior during the sentence;

    3. Explain the commutation clause and which conditions the applicant meets.

    After submitting an application, in accordance with article 79 of the Criminal Law, the enforcement organ is to submit a written recommendation for commutation to the people's court at the intermediate level or above, and after hearing by the panel panel, if it finds that there is indeed repentance or meritorious service, it is to rule to commute the sentence.

    For those sentenced to controlled release, short-term detention or fixed-term imprisonment, the period for commutation must not be less than one-half of the original judgment, and the sentence for life imprisonment must not be less than 13 years. At the same time, where a suspended death sentence is finally commuted to life imprisonment, a further application for commutation must not be less than 25 years, and where a suspended death sentence is commuted to 25 years imprisonment, the period must not be less than 20 years.

    In accordance with article 80 of the Criminal Law, where a sentence of life imprisonment is commuted to fixed-term imprisonment, it is calculated from the date on which the sentence is commuted.

  8. Anonymous users2024-01-31

    Legal Analysis: A sentence of two years can be commuted, and the sentence can be commuted as long as the conditions are met. Where there are truly expressions of repentance and reform, or meritorious service, Bi Xun's sentence is generally commuted to no more than one year imprisonment at a time; Where there is truly repentance and meritorious service, or major meritorious service, a single commutation must not exceed two years imprisonment; Wait.

    Legal basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Cases of Commutation and Provisional Interpretation" Article 3: "Truly repentant and repentant" refers to having 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.

    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) Other major contributions to the state and society.

  9. Anonymous users2024-01-30

    Procedures for applying for commutation of sentence of two years: 1. The inmate submits a written application and writes a confession of repentance; 2. After receiving the application, the prison punishment enforcement department shall review the application and materials; 3. All police officers in the sub-prison area have approved the list of persons who have been commuted through the evaluation, training, and discussion, and it will be publicized in the sub-prison area.

    [Legal basis].

    Article 79 of the Criminal Law of the People's Republic of China provides for commutation of the sentence of criminals, and 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 where there are truly facts of repentance or meritorious service, rule to reduce the collateral punishment. Sentences must not be commuted except through legally-prescribed procedures.

    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 ruled.

  10. Anonymous users2024-01-29

    When people do illegal and criminal acts, they will be punished by the law. If the circumstances are more serious or cause serious consequences, the sentence will be given. During the period of serving the sentence, the sentence may be commuted if the behavior is good.

    Where the original sentence is 5 years or more, a commutation may only be submitted after one and a half years of service has been commuted. That is, one and a half years after being in prison can apply for the first commutation of sentence, and the previous time in the detention center is not counted. If it is less than five years, it may be reported for commutation after one year.

    Each commutation is generally not to exceed one year. Where fines, civil compensation, confiscation of property, or other property penalties have not been performed, and where illegal gains have not been collected, commutation and parole are generally not given.

    Conditions for commutation of sentence.

    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) 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.

    Procedures for commutation of sentences.

    1. The conditions for commutation of sentence announced by the prison;

    2. The inmate submits a written application and writes a confession of repentance;

    3. All police officers in the sub-prison area review and approve the list of commuted persons, and publicize it in the sub-prison area for three days, and report to the prison district after there are no objections;

    4. The office of the prison district will research and determine the list, publicize it in the prison area for three days, and report to the Criminal Punishment Enforcement Section after no objections;

    5. The Criminal Punishment Enforcement Section failed to return the case file in the first instance and did not meet the conditions. Seven days after the prison announcement of those who meet the requirements, the prison commutation and parole committee is to conduct a review;

    6. Report to the court for ruling;

    Parole may be granted after the sentence is commuted. However, the condition for parole is that more than half of the original sentence is given, that there is genuine repentance and reformation, and that there will be no further harm to society after parole. It is not more than half of the sentence after the commutation. For example, if the original sentence is eight years, the sentence has been reduced by two years, and you need to actually serve more than four years before you can apply for parole.

    After being released on parole, they returned to their original place of household registration. Normally, you have to go back to your place of residence to live with your family.

  11. Anonymous users2024-01-28

    A sentence of less than three years (including three years) can be reduced according to the provisions of the Prison Law, but the reduction will not be too large. 1. The Criminal Law stipulates that the range of commutation of sentence must not exceed half of the sentence. 2. It is stipulated in the Prison Law that convicts are evaluated on a 100-point basis during their sentences, with a period of one year.

    Once a month, the registration is announced, and the score is exchanged for rewards and merits, and the commutation of sentence is submitted according to the amount of rewards and merits and your performance in serving a sentence. Convicts of less than three years and who have no special performance may be rewarded with a six-month reduction in sentence if they are one hole high.

    Article 13 of the Supreme People's Court's Judicial Interpretation on State Compensation Commutation is generally not applicable to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years and given a suspended sentence. Where the convicts provided for in the preceding paragraph have major meritorious service during the probationary period of a suspended sentence, the provisions of Criminal Law article 78 may be referred to to commutation of the sentence, and at the same time the probationary period of the suspended sentence shall be reduced in accordance with law. The probationary period of a suspended sentence for short-term detention must not be less than two months, and the probationary period for fixed-term imprisonment must not be less than one year.

  12. Anonymous users2024-01-27

    A sentence of two years may be commuted if the conditions for commutation are met. That is, criminals sentenced to controlled release, short-term rent, 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 there is one of the major meritorious contributions, the sentence shall be commuted.

    Article 78 of the Criminal Code.

    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; Sakura Spring.

    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.

  13. Anonymous users2024-01-26

    In order to encourage the active rehabilitation of criminals who are serving their sentences in prisons, the law provides for a system of commutation of sentences. Where the conditions for commutation are met, the convict may be commuted. So can a sentence of two years be commuted?

    A sentence of two years can be commuted, as long as the conditions are met.

    1. What is the statutory range for commutation of sentences

    1) Commutation is generally not applied to criminals sentenced to short-term detention, up to three years imprisonment, or given a suspended sentence. If there is a major meritorious service during the probation examination, the sentence may be commuted and the probationary period may be reduced at the same time. However, the actual sentence to be served after commutation must not be less than one-half of the original sentence, and the correspondingly reduced probationary period of probation must not be less than the sentence actually served after commutation.

    The probationary period of a suspended sentence for short-term detention must not be less than two months, and the probationary period of a suspended sentence for fixed-term imprisonment must not be less than one year;

    2) Criminals sentenced to fixed-term imprisonment:

    1. Where there are truly expressions of repentance and reform, or meritorious service, the sentence is generally commuted to no more than one year imprisonment at a time;

    2. Where there is truly repentance and meritorious service, or where there is major meritorious service, the sentence must generally be commuted for more than two years' imprisonment at a time;

    3. Where a person has been sentenced to 10 or more years imprisonment, if he has shown outstanding repentance and reformation or has made meritorious contributions, a single commutation must not exceed 2 years imprisonment;

    4. If there is outstanding repentance and reformation and meritorious service or major meritorious service, a single commutation must not exceed three years imprisonment.

    3) Criminals sentenced to indefinite imprisonment who truly show repentance and reform, or who have made meritorious contributions, may generally be commuted to between 18 and 20 years imprisonment after serving two years, and may be commuted to between 13 and 18 years imprisonment where they have made major meritorious contributions.

    4) Convicts sentenced to death with a two-year suspension of execution, and who have not intentionally committed a crime during the period of two-year suspension, have their sentence commuted to life imprisonment, and have truly made major meritorious contributions may be commuted to between 15 and 20 years imprisonment.

    2. How many years can the sentence be commuted

    The Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Handling and Parole Cases clearly stipulate:

    During the period of serving their sentence, if a convict sentenced to life imprisonment truly shows repentance and reform, or has made meritorious contributions, his sentence may be commuted after serving two years. The range of commutation is: For those who have truly repented or made meritorious contributions, it may generally be reduced to between 18 and 20 years; Where there is a major meritorious service, the sentence may be commuted to fixed-term imprisonment of not less than 13 years but not more than 18 years.

    After one or more commutations of the sentence of convicts sentenced to life imprisonment must not be less than 10 years, the starting time shall be calculated from the date on which the indefinite sentence judgment is determined.

    Where indefinite imprisonment convicts commit another crime during the period of enforcement of the criminal punishment 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 a sentence of life imprisonment is given for a new crime, the starting time for commutation should be appropriately extended.

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