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If you have a good performance or meritorious service in prison, you may be released early, but there will be a bail person as a guarantor, and you can also depend on your own performance.
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If you perform well in it, you can generally come out in 3 to 4 years, and if you are outstanding, you may be able to come out in a year or two.
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In principle, it can only come out after five years of sitting. If there is a commutation or parole will be advanced, the parole itself is very demanding, and now it is also very strict, the conditions for commutation are prescribed by law, and there are special provisions on the number of commutations, and those who meet the conditions for commutation during the period of serving their sentences can apply for commutation, but the criminal law stipulates that the sentence will be reduced by half at most, so the most optimistic will be at least two and a half years in prison.
In addition, it is important what crime is committed, and it is more difficult to reduce the sentence for the crime of injury or death.
The crimes of fraud and theft are appropriately relaxed in terms of commutation.
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How many years can the sentence come out? The court sentences five years in prison, then generally it will be released on time in five years, if there are better conditions in the rain, there may be a possibility of early release, of course, it depends on the performance in prison, normally, if the court sentences five years in prison, then generally will be released from prison on time after the expiration of five years.
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If you are sentenced to 5 years, you can be released in 5 years, and if you behave well in prison or have meritorious service, you will be released early.
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If you behave well, five years. The sentence can definitely be commuted. You have to do it yourself. A good performance of oneself. After the sentence can be commuted, you must be a good person. Don't go back the old ways.
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Let's put it this way, if the family is rich and powerful, it will take less than 3 years to be released on parole, and if the family does not find a way, then maybe one day of prison cannot be reduced.
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The sentence is five years, and at least it must sit for more than three years, and no matter how good the performance is, it can only be reduced by two years!
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It was supposed to be a normal sentence of five years. It's five years of normal ability to come out.
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If you behave well, you can come out early.
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The sentence may be deducted from the period of detention before the verdict, and the sentence may be commuted for meritorious service.
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This situation may be determined by how you behave in prison.
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I think it definitely depends on your performance, and if you perform well, you can come out early.
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Legal analysis: According to the performance during the sentence, the sentence can be commuted or paroled, and the sentence can only be commuted after 2 and a half years. The sentence of five years is usually a few years out of spring oak prison, and this issue involves the content of the commutation of the sentence in the criminal law, and the specific situation depends on the performance in prison, but the minimum sentence will not be less than half.
Legal basis: "Criminal Law of the People's Republic of China" Article 78: 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, Qiaoji must not be less than one-half of the original sentence; (2) Where a sentence of indefinite 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 completion of the suspended sentence, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended enforcement period, it must not be less than 20 years.
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Legal Analysis: If there are truly expressions of repentance and reformation or meritorious service, the sentence is generally commuted to no more than 1 year imprisonment at a time, and if there is indeed a slip in the number of repentant and reformed performances and there is a meritorious performance, or there is a major meritorious service, the sentence is generally commuted to no more than 2 years imprisonment at a time; Convicts sentenced to 10 years or more imprisonment must not be commuted to more than 2 years imprisonment at a time if they truly show outstanding repentance and reform or have made meritorious contributions; If repentance is outstanding and meritorious; or where there is a major meritorious service, a single commutation must not exceed 3 years imprisonment. The fastest time to come out is 2 years and 8 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 life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, truly repent 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) Preventing him from allowing his clansmen to commit 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 sentence actually to be served after the 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 indefinite 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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1. The sentence of five and a half years is generally a few years.
1. The sentence of five and a half years is generally a few years, and it needs to be decided according to the specific circumstances
1) It generally takes 5 years to get a sentence of 5 years;
2) If the sentence is commuted, it usually takes two and a half years or close to three years to be released from prison in the least cases.
2. 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 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 indefinite 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 sentence is 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 after the completion of the period of suspended enforcement, it must not be less than 20 years.
Article 79.
Commutation Procedures] For commutation of criminals' sentences, 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 proceed to trial and rule to commute sentences where there are truly facts of repentance or meritorious service. Sentences must not be commuted except through legally-prescribed procedures.
2. What is the procedure for commutation of sentence.
The procedure for commutation of sentence is as follows:
1. The High People's Court for the place where the sentence is served has jurisdiction over commutation cases of convicts sentenced to life imprisonment;
2. The Intermediate People's Court for the place where the sentence is served has jurisdiction over commutation cases of convicts sentenced to fixed-term imprisonment, short-term detention, or controlled release.
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The statutory commutation of sentence cannot exceed half, 5 years is two and a half years, according to the general situation, the commutation can rarely be reduced by half, and the fastest time it can come out is 2 years and 8 months. If there is truly an expression of repentance and reformation or meritorious service, the sentence is generally commuted to no more than 1 year imprisonment at a time, and if there is truly an expression of repentance and reformation and meritorious service, or a major meritorious service, the sentence is generally commuted to no more than 2 years imprisonment at a time; Convicts sentenced to 10 years or more imprisonment must not exceed 2 years imprisonment at a time if they truly show outstanding repentance and reform or have made meritorious contributions; If repentance is outstanding and meritorious; or where there is a major meritorious service, a single commutation must not exceed 3 years imprisonment. The length of the sentence in prison must not be less than half of the sentence, that is, at least two and a half years in theory.
Commutation is to have performance points, just enter prison is strictly managed, to strive for points to the general management, and then get points, only then can there be a reduction ratio, not that there is a possibility of commutation of the sentence just entered prison has no points to get, one year after the assessment, so that in the remaining four years, you must sit for two years, plus the first year in prison, at least three years. In the last two years of the sentence, it is possible to raise outside the prison due to illness.
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 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 major technological innovations in the inventions or creations or filial piety;
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 indefinite imprisonment is given, it must not be less than 13 years;
3) Where a people's court restricts commutation of a sentence to a suspended sentence in accordance with paragraph 2 of article 50 of this Law, 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 reduced to 25 years imprisonment after the period of suspension is completed, it must not be less than 20 years.
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Legal Analysis: Generally speaking, a sentence of five years is commuted by a maximum of half of the sentence, and the earliest is two and a half years to be released. However, if the offender has made a major meritorious service as prescribed by law, the sentence will be reduced to a greater extent.
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) Elders who report major criminal activities inside or outside the prison and are 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 indefinite 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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