What procedures are required for commutation in our country, and what are the procedures for commuta

According to the understanding of the Criminal Law, the procedure for commutation is as follows: the enforcement organ first submits a commutation recommendation to the people's court at or above the intermediate level; The people's court then forms a collegial panel to conduct a trial, and if there is truly repentance or meritorious service, it is to rule to commute the sentence. The following legal content related to commutation is sorted out for your reference:

1. Conditions for commutation of sentences in the Criminal Law.

Article 78: [Conditions and Limits for Application]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.

2. 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.

3. Procedures for commutation of sentences.

Article 79: [Procedures]For commutation of criminals' sentences, the enforcement organ is 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.

Article 80: [Calculation of Sentence for Commutation of Indefinite Imprisonment]Where a sentence of indefinite imprisonment is commuted to fixed-term imprisonment, it is calculated from the date on which the commutation is ruled.

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The procedures for commutation mainly include the following four points: 1. Daily evaluation. Scoring and evaluation are to be conducted on the basis of the performance of convicts serving sentences in detention centers.

2. Prison cell recommendation. Each cell is to make public evaluations and recommendations for convicts who meet the requirements for commutation on the basis of their daily scores, and report to the correctional police for approval. 3. Collective laughter research.

Detention centers are to conduct collective research on the recommended list of cells to determine the persons to be commuted. 4. Publicity. The list of proposed commutations will be announced.

If convicts have objections, they may make a complaint or report to the leadership of the institution or the procurator stationed there. Commutation of sentences for convicts sentenced to suspended death sentences or life imprisonment is to be ruled by the High People's Court for the place where the convict is serving their sentence on the basis of the prison commutation recommendation reviewed and approved by the provincial, autonomous regional, or directly governed municipality prison management organs. Commutation of sentences for convicts sentenced to fixed-term imprisonment (including commutation to fixed-term imprisonment), short-term detention, controlled release, or suspended sentences, is to be ruled by the intermediate people's court for the place where the convict is serving their sentence on the basis of the commutation recommendation submitted by the local enforcement organ.

For commutation of sentences of convicts sentenced to death with a suspended sentence, life imprisonment, or fixed-term imprisonment, the relevant people's courts shall make a ruling in accordance with law within 1 month of receiving the commutation recommendation; Where the case is complicated or the circumstances are special, an extension of 1 month may be granted. For commutation of sentences of convicts sentenced to short-term detention, controlled release, or given a suspended sentence, the relevant courts shall make a ruling in accordance with law within 1 month of receiving the commutation recommendation, and must not extend the time.

[Legal basis].Criminal Law of the People's Republic of China

Article 63:Where criminals have the mitigating circumstances provided for in this Law, they shall be given a punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range. Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.

The procedures required for commutation in our country are: for the commutation of the sentence of the criminal repressor, the enforcement organ is to submit a commutation recommendation to the people's court at the intermediate level or above; The people's courts form collegial panels to hear commutation cases; Finally, the people's court is to make a ruling on commutation. Sentences must not be commuted except through legally-prescribed procedures.

[Legal basis].Article 78 of the Criminal Code.

Criminals sentenced to the imperial system, 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; Potatoes ruined.

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.

Legal Analysis: 1. Review. 2. File a case.

3. Public announcement. 4. **Trial or written trial. V. Judgment.

Legal Basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly repentant and slippery" refers to having the following conditions at the same time: (1) admitting guilt and repentance; (2) Comply with laws, regulations, and supervision rules, and accept education and reform; (3) Actively participate in ideological, cultural, and 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 life imprisonment may have their sentences commuted if they earnestly abide by the rules of the prison chain, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there are any of the following major meritorious contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; 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.