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Anonymous users2024-02-11Convicts sentenced to life imprisonment may have their sentence commuted after serving two years if they truly show repentance and reform, or if they have made meritorious contributions. 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.
As far as criminals who are currently serving their sentences are concerned, their sentences can only be commuted if they meet the legally prescribed conditions for commutation, and as for the specific amount of commutation, it still depends on the actual situation.
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Anonymous users2024-02-10It can be reduced up to one-half of the actual sentence.
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Anonymous users2024-02-09Depending on the length of the sentence, about two-thirds of the total sentence is usually served.
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Anonymous users2024-02-08Can the sentence be reduced if the sentence is one year.
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Anonymous users2024-02-07Legal Analysis: Commutation may reduce up to one-half of the original judgment, and where a sentence of indefinite imprisonment is commuted, it must be served for 13 years, and where a commutation is restricted for a criminal whose death sentence is suspended, the sentence must not be less than 25 years after the period of suspension is completed, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended period, it must not be less than 20 years.
Legal basis: 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 show repentance or meritorious service during the period of enforcement; 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 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, such as controlled release, short-term detention under unwarranted supervision, or fixed-term imprisonment, 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.
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Anonymous users2024-02-06Legal Analysis: 1. Where a person is sentenced to life imprisonment, 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.
2. Where criminals sentenced to fixed-term imprisonment truly show repentance and reform, or have made meritorious contributions, their sentences are generally commuted to not exceed one year imprisonment at a time.
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 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 service for group promotion, 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) Shouting for oranges to sacrifice themselves to save others in daily production and life;
(5) Outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Other major contributions to the state and society.
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.
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Anonymous users2024-02-05The sentence can be reduced by up to 25 years. Where the original sentence is controlled release, short-term detention, or fixed-term imprisonment, the sentence after commutation shall be calculated from the date on which the judgment is enforced, and the sentence that has already been served, including the time spent in detention before the judgment is announced, shall be calculated in the sentence after commutation. Where the original sentence is life imprisonment commuted to fixed-term imprisonment, the sentence after the commutation is calculated from the date on which the commutation is ruled, and the sentence that has already been served by Duan Xiao before the commutation is not counted in the sentence after the commutation.
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 reduce those who have truly repented or made meritorious contributions. Sentences must not be commuted except in accordance with legal procedures.
Although there is a limit on the total amount of commutation, each commutation shall also be controlled within a reasonable range, to avoid a commutation that is too large, and the range of commutation shall be determined on the basis of different types of punishment and the length of the sentence.
Article 78 of the Criminal Law of the People's Republic of China.
Conditions and Limits for Commutation of Sentence] 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 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.
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Anonymous users2024-02-04First, where the original sentence is controlled release, short-term detention, or fixed-term imprisonment, the sentence after commutation shall be calculated from the date on which the judgment is enforced, and the sentence that has already been served (including the time of detention before the judgment is announced) shall be counted within the sentence after commutation. The people's court shall form a collegial panel to conduct trial of a commutation recommendation submitted by the enforcement organ to a people's court at the intermediate level or above, and where there is truly repentance or meritorious service, rule to give a commutation of the sentence that is not in accordance with the procedures prescribed by law, and must not commute the sentence actually served after the commutation, and 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; Where a sentence of life imprisonment is given, it must not be less than 13 years, so the sentence is to be reduced by up to half of the original sentence.
[Legal basis].Article 78 of the Criminal Law of the People's Republic of China.
Conditions and Limits for Commutation of Sentence] 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 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. 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.
The above is only the current information combined with my understanding of the law of cherry jujube milling, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Anonymous users2024-02-03Commutation may reduce up to one-half of the original judgment, and where a sentence of indefinite imprisonment is commuted, it must be served for 13 years, and where a commutation is restricted and the sentence is suspended, it must not be less than 25 years if the sentence is commuted to life imprisonment in accordance with law after the period of suspension is completed, and it must not be less than 20 years where the sentence is commuted to 25 years imprisonment after the completion of the suspended sentence.
[Legal basis].Paragraph 2 of Article 78 of the Criminal Law.
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 the People's Court restricts commutation of the death penalty in accordance with the provisions of paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended period of enforcement, 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 enforcement period, it must not be less than 20 years.
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