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The normal calculation is that there are six years left.
But if you behave well in prison.
It is possible to obtain a reduced sentence.
I often visit my uncle, and I know when he was released.
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Legal analysis: minimum 6 years, maximum 10 first 2 years. Those who conscientiously repent during the period of serving their sentences, and may be released on parole if they earnestly abide by prison rules, accept education and reform, truly show repentance, and are not in danger of committing another crime.
Those who are not at risk of committing another crime may strive for commutation or parole, but the actual period of serving the sentence must not be less than half of the original sentence, that is, at least six years of prison is required. If they suffer from a serious illness or are unable to take care of themselves, they may apply to serve their sentence outside of prison.
Legal basis: "The Hidden Core of the Criminal Law of the People's Republic of China" Article 79: For commutation of criminals, 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 rule to commute the sentence where there are truly facts of repentance and reformation or meritorious service.
Sentences must not be commuted without going through legally-prescribed procedures.
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If a criminal is sentenced to 14 years in prison, when he will come out depends on the circumstances, mainly depending on whether there is a disorderly form of commutation of sentence, commutation, or parole. Fixed-term imprisonment of 14 years, more than half of the original sentence must be served, that is, after seven years of execution, only those who meet the conditions can be released on parole. Parole is a system whereby criminals sentenced to fixed-term imprisonment or life imprisonment are conditionally released early after serving a certain period of time because they have complied with prison rules, received education and reform, truly repented and reformed, and will no longer endanger society.
Where a criminal who has been released on parole commits a new crime during the probationary period of parole, it does not constitute a recidivist. Parole is an important system for the enforcement of criminal punishments in China's criminal law, and the correct use of parole and the release of criminals who have truly shown repentance and reform after serving a certain period of time and who do not need to continue to be detained and reformed into society for reform can effectively encourage criminals to obey education and reform, enable them to return to society at an early date, and help turn negative factors into positive factors.
Legal basisArticle 78 of the Criminal Law of the People's Republic of China.
Applicable conditions and limits, 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: Obstructing the major criminal activities of others.
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.
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Legal Analysis: If a convict sentenced to 14 years in prison has mitigating circumstances, he will have to go to at least 7 years in prison before he can be released. Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given on the basis of relevant provisions, the actual sentence to be served after commutation 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 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: (lack of patience 1) Obstructing the major criminal activities of others; (Disguised as Sakura 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 one-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 indefinite 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.
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Legal Analysis: 12 years in prison, which can generally be commuted to about 3 to 4 years, is determined on the basis of the person's rehabilitation. The maximum period stipulated in the criminal law can be reduced to half, but in the actual practice of He Ye, it is difficult to reach it.
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, 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 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;
The full name for serving a sentence outside of prison should be called temporary service of sentence outside of prison, and it refers to a system in which a criminal sentenced to life imprisonment, fixed-term imprisonment, or short-term detention is decided not to be transferred to prison for the time being, or after being transferred to prison, it is decided to temporarily serve a sentence outside of prison, and the community corrections establishment is responsible for enforcement. However, convicts who have been sentenced to death or whose death sentence has not been commuted are to be returned to prison for execution. If it is discovered in the course of enforcement that a temporary sentence should be served outside of prison, the enforcement organ shall submit a written opinion and report to the competent judicial organ for review and approval. >>>More
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