The Criminal Code stipulates that a reduced sentence must be served half of the original sentence

The indefinite reduction cannot be less than 10 years.

Where the sentence is commuted from indefinite to fixed-term, the sentence after the commutation is calculated from the date on which the commutation is ruled, and the sentence already served before the commutation is not counted in the period of the sentence after the commutation.

The minimum is 10 years + the sentence served before the commutation.

There are two types of reprieve of death; 1. During the period of suspension of death, if there is no intentional crime, after the completion of 2 years, the sentence is reduced to indefinite. 2. During the period of suspension of death, where there is truly a major meritorious service, after the completion of 2 years, it is reduced to a period of between 15 and 20 years.

The calculation method is as follows: 1. The period of suspension of death is calculated from the date of the judgment (excluding the time of prior detention). 2. Where the death penalty is commuted to a definite period, it is calculated from the expiration of the death penalty suspension period.

The minimum is 10 years + the sentence served before the commutation + the time of advance detention + the period of suspended death (2 years).

Indefinite or post-mortem period of time cannot be less than 10 years.

Legal Analysis: Where fixed-term imprisonment and short-term detention are not commuted: the original sentence is several years, and the sentence is served for several years. Released from prison at the end of the sentence.

Where fixed-term imprisonment or short-term detention is commuted: the original sentence is minus the commutation of the burning hole. However, fixed-term imprisonment and commutation of short-term detention cannot exceed half of the original sentence.

After commutation of life imprisonment: the actual sentence served cannot be less than 13 years.

After commutation of death sentence: Where the suspended sentence is commuted to life imprisonment in accordance with law after the completion of the suspended enforcement period, the actual sentence served 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, the actual sentence served must not be less than 20 years.

The law shouts and talks about the basis of the lawCriminal Law of the People's Republic of China Article 69: Where a person commits multiple crimes before the judgment is announced, except where death or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, and the maximum sentence for fixed-term imprisonment must not exceed 20 years.

The commutation must not be less than one-half of the original sentence, and where the actual sentence is controlled, short-term detention, 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 13 years. The term of life imprisonment is calculated from the date on which the judgment is announced, and the date of detention before the judgment is pronounced cannot be deducted from the sentence, and after the life imprisonment sentence is commuted to fixed-term imprisonment, the sentence is to be served, and the date of the first detention is not to be deducted from the sentence.

The conditions under which the death penalty can be waived are as follows:

1. In accordance with the provisions of law, it is not sufficient to sentence the death penalty to imitate the head;

2. There are legally prescribed mitigating or mitigating circumstances, and they are given a mitigating or mitigating disposition;

3. The death penalty is not applicable to juveniles and mentally ill persons. those who are deaf and dumb shall be punished lightly;

4. Prisoners who have made meritorious contributions may also be exempted from the death penalty;

5. In the case where the victim is at fault, the defendant's fault and culpability may be reduced.

Legal basisArticle 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 and allowing major excavations 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.

Legal Analysis: The actual sentence for commutation is based on the provisions of the Criminal Law of our country: 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 the sentence is life imprisonment, it must not be less than 13 years.

If the death penalty is suspended, the sentence is commuted to life imprisonment; If there is truly a major meritorious service, the sentence shall be commuted to 25 years imprisonment after the completion of the two-year period. Where a sentence of indefinite imprisonment is commuted to fixed-term imprisonment, the sentence is calculated from the date on which the commutation is ruled.

Legal basis: 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, during the period of enforcement, may have their sentences commuted if they recognize their friends and abide by prison rules, accept education and reform, and truly show repentance and reformation, 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. Suspicion of sails) 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.

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.

Commutation of the actual sentence to be enforced: 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 the sentence is life imprisonment, it must not be less than 13 years. If the death penalty is suspended, the sentence is commuted to life imprisonment; Where there is truly a major meritorious service, the sentence is commuted to 25 years imprisonment after the two-year period is completed, and the sentence is commuted to 25 years imprisonment after the period of suspension is completed, it must not be less than 20 years.

Article 78, Paragraph 2 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 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 life imprisonment in accordance with law after the expiration of the suspended sentence, it must not be less than 25 years, and where the sentence is reduced to 25 years imprisonment after the completion of the suspended period, it must not be less than 20 years.