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If there are circumstances that meet the requirements for commutation, the sentence may be commuted.
Commutation refers to a type of criminal law enforcement activity that appropriately commutes the original sentence, and article 78 of the Criminal Law provides:
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, receive education and reform, and truly show repentance and reform, or have meritorious service, and their sentences shall be commuted if they have any of the following major meritorious contributions:
1. Preventing 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 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.
6. Have made other major 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 one-half of the original sentence.
2. Where a sentence of life imprisonment is given, it must not be less than 12 years.
3. Where the people's courts restrict the reduction of a suspended death sentence in accordance with the provisions of paragraph 2 of article 50 of this Law, and the sentence is commuted to indefinite imprisonment in accordance with law after the completion of the suspended sentence, 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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No, unless there is meritorious service.
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Legal Analysis: A person sentenced to 3 years can be released on parole, and his performance in prison will determine his chances of release.
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) Initiation and merger that has made other significant 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 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 the indications of commutation to 25 years imprisonment after the completion of the period of suspension must not be less than 20 years.
Article 79: For commutation of criminals, the enforcement organ is to submit a written recommendation for commutation to a 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.
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Legal analysis: Sentenced to one year and three months in prison, meet the conditions, and behave well can be commuted, and can be released early. Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment truly show repentance and reform if they earnestly abide by prison rules and accept education and reform during the enforcement period.
You can sell group shops.
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 contributions, the sentence shall be commuted:
1) Obstructing the major criminal activities of others;
2) Reporting major criminal activities inside or outside the prison, and it is found to be true upon investigation or probation;
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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Sentenced to one year and three months in prison, if the conditions are met, the sentence can be commuted if you behave well, and you can come out early. Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment have truly shown repentance and reformation if they conscientiously abide by prison rules and accept education and reform during the enforcement period. OK.
1. Will the sentence be commuted if the sentence is three months?
If a criminal is sentenced to three months by a people's court, his sentence may be commuted if he behaves well and meets the legally prescribed requirements for commutation. According to the relevant provisions of China's "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.
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 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.
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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Legal analysis: sentenced to one year and three months in prison, meet the conditions, and can be commuted if you perform well, and you can come out early. Criminals sentenced to controlled release, detention and forced labor, fixed-term imprisonment, or life imprisonment truly show repentance and reform if they conscientiously abide by prison rules and accept education and reform during the period of enforcement.
OK. 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 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 during the enforcement period; 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 a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law for criminals whose death sentence is suspended, and where the suspended 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 after the completion of the suspended period is completed, it must not be less than 20 years.
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