Can the sentence be commuted if the sentence of 2 years and 4 months in prison is 22 months?

The sentence is 2 years and 4 months, with 22 months remaining in prison, and the sentence may be commuted as long as it meets the requirements of the law.

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.

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.

There is no chance of commutation of sentence if the sentence has not been completed for three years.

Legal analysis: The sentence of one year and two months in prison is almost zero. This is because the sentence is too short for the prison to report the sentence, thus creating a situation where the sentence cannot be imposed.

However, if the criminal shows remorse and major meritorious service, his sentence can be reduced by half, that is, six months.

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 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 by the Prison Wheel Bureau, 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) In resisting natural disasters or eliminating major accidents, there are outstanding performances; 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.

Summary. Hello, dear, sentenced to 3 years in prison, 2 years and 2 months in the detention center, with 10 months remaining, can the sentence be commuted? Is it possible that the sentence cannot be commuted if the remaining sentence is less than one year? Yes, you can. As long as you are in prison, seriously reformed, and behave well, you can have your sentence commuted.

Can the sentence be commuted if he is sentenced to 3 years in prison, 2 years and 2 months in the detention center, and has 10 months remaining? Is it possible that the sentence cannot be commuted if the remaining sentence is less than one year?

Hello, dear, sentenced to 3 years in prison, 2 years and 2 months in the detention center, with 10 months remaining, can the sentence be commuted? Is it Xun, isn't it that the remaining sentence is less than a year, and the limb mask cannot be commuted? Yes, you can. As long as you are in prison in Lichang, seriously reformed, and behaved well, the sentence can be commuted.

Extended information: Those who conscientiously abide by prison rules and fight models, accept education and reform, and truly show repentance and reform, or have meritorious service, may have their sentences commuted, but one thing that needs to be understood is that the actual execution of the sentence must be suspended for more than nine months, that is, the commutation period will not exceed the conditions for nine months for commutation Convicts sentenced to life imprisonment or fixed-term imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly repent or make meritorious contributions during the period of serving their sentences; Where there is a serious meritorious service, the sentence shall be commuted.

Legal Analysis: A maximum reduction of one year and seven months in prison. On the basis of the provisions of relevant state laws, criminals sentenced to short-term detention, controlled release, or fixed-term imprisonment or indefinite imprisonment may have their sentences commuted in accordance with law if they show remorse, meritorious service, or other conditions for commutation, but for those sentenced to three years and two months, the maximum must not be less than half of the original sentence.

Legal basis: "Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to surveillance, 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 to prevent others from major criminal activities; 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. The actual sentence to be served after commutation must not be less than the following periods, and 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; where a sentence of life imprisonment is given, it must not be less than 13 years; Where a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment 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 conditions for commutation of sentence as prescribed by law are as follows: 1. Those who conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or who have made meritorious contributions, may have their sentences commuted; 2. 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.

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 courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, criminals whose death sentences are 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 period of suspension is completed, it must not be less than 20 years.

Legal Analysis: Whether a sentence of two months of short-term detention can be sentenced shall be based on whether there are conditions for commutation, and where there are meritorious contributions in the course of serving the sentence, or where there is a major contribution to the state and society, the sentence may be commuted, and the specific circumstances shall be combined with the actual situation, so as to avoid errors in the application of the law on land transportation.

Legal basis: Criminal Law of the People's Republic of China

Article 61: When deciding on punishment for criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 62: Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.

Article 63: Where criminals have 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.