Family hardship to apply for commutation, how family members apply for commutation

1. Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment or life imprisonment or a two-year suspension of the death penalty. In other words, the object of commutation is only the restriction of the type of sentence to be sentenced, but not the nature of the crime and the length of the sentence;

II. During the period of enforcement of the criminal punishment, the criminal who is currently serving the criminal punishment meets the statutory circumstances for commutation, and if he has not been sentenced to a criminal punishment or the criminal punishment has been completed, the significance of commutation does not exist.

Commutation of sentence can only be applied to criminals who meet the above two prerequisites.

Substantive requirements: 1) During the period of enforcement, the offender earnestly complied with prison rules, accepted education and reform, and truly showed repentance;

"Genuine repentance" refers to a situation in which four aspects are present at the same time: conscientious obedience to the law; conscientiously abide by the supervision rules and accept education and reform; Actively participate in political, cultural, and technical studies; Actively participate in labor and complete production tasks. Where convicts file appeals during the period of enforcement of criminal punishments, their right to appeal should be protected in accordance with law.

Convicts' appeals shall be analyzed on a case-by-case basis, and shall not be invariably regarded as not admitting guilt and accepting the law.

2) Those who have made meritorious contributions. Refers to any of the following circumstances:

1) Reporting or exposing criminal activities inside or outside the prison, or providing important clues to solve a case, which is verified to be true upon investigation;

2) Preventing the criminal activities of others;

3) Technological innovation and outstanding achievements in production and scientific research;

4) Actively performing in emergency rescue and disaster relief or eliminating major accidents;

5) There are other outstanding deeds that are beneficial to the country and society.

2) Commutation of sentence: When there is a major meritorious service, the people's court shall commute the sentence.

Substantive requirements: 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.

Meritorious service (sentence may be commuted).

1) Reporting or exposing criminal activities inside or outside the prison, or providing important clues to solve a case, which is verified to be true upon investigation;

2) Preventing the criminal activities of others;

3) Technological innovation and outstanding achievements in production and scientific research;

4) Actively performing in emergency rescue and disaster relief or eliminating major accidents;

5. Sacrificing oneself to save others in daily production and life;

Major meritorious service (sentence shall be commuted).

1. Reporting major criminal activities inside or outside prisons, which is verified to be true upon investigation;

2. Preventing the major criminal activities of others;

3. There are inventions or major technological innovations;

4. Outstanding performance in resisting natural disasters or eliminating major accidents;

5) There are other outstanding deeds that are beneficial to the country and society.

6. Have made other major contributions to the country and society.

Your father must meet the above conditions in order to have his sentence commuted, and family difficulties are not the basis for commutation. But you can apply for the local ** subsistence allowance to alleviate the current predicament, okay?

Although I don't understand the relevant legal details, I can't apply for a commutation of my sentence because of family difficulties, and if I want to reduce my sentence, I can only rely on my own performance in prison.

Legal Analysis: How to Apply for Commutation of Sentence by Family Members While a Prisoner is serving a sentence in prison, the family members of the criminal who dig up the letter are generally not able to apply for commutation, and the commutation must be submitted by the criminal or the prison. According to the provisions 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.

Legal basis: Article 78 of the Criminal Law of the People's Republic of China provides that 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 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, which is verified to be true upon investigation; (3) 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) Those who have made 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 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 in accordance with law after the completion of the suspended period of enforcement, 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 period of enforcement, it must not be less than 20 years.

1 Useful. 2 If the criminal suspect's or convict's family is really in a very difficult situation, such as a parent or spouse who is sick and needs a large amount of medical expenses, or the family is unable to continue to support family life due to family financial difficulties, the court will consider reducing the sentence according to the actual situation.

3 Of course, commutation is mainly based on the offender's own behavior, and commutation of sentence due to family hardship is only a way to reduce the sentence proposed under specific circumstances, and may not be successful in obtaining commutation.

At the same time, applying for commutation requires the provision of relevant materials and evidence, and the application process and the time for accepting difficulties need to be considered, and it cannot be taken for granted that the commutation will definitely be successful.

Yes, the application for commutation of sentence for family hardship can effectively reduce the criminal punishment of the offender. According to article 66 of the Criminal Law of the People's Republic of China, criminals who are unable to fully bear criminal responsibility in accordance with law due to family economic difficulties may have their criminal punishment commuted or waived on the basis of actual circumstances. Therefore, an application for commutation of sentence for family hardship can help the offender to reduce the sentence.

The application for commutation of family hardship shall contain the following content: 1. The applicant's basic information, including name, date of birth, occupation, family economic status, and so forth; 2. The circumstances of the crime, including the time of the crime, the reason for the crime, the number of the crime, etc.; 3. Family financial difficulties, including family income, household expenditure, family debt, etc.; 4. Special circumstances, such as illness of family members, unemployment of family members, etc.; 5. Other relevant circumstances.

In addition, the application for commutation of sentence for family hardship should also include the offender's admission of guilt, expressions of remorse, social performance, and so forth, as well as the relevant departments' review opinions on the application for commutation of family hardship. Only when the application for commutation of sentence for family hardship complies with the provisions of the law and is reviewed and approved by the relevant departments, can the offender's criminal punishment be commuted.

A Family Hardship Mitigation petition may be useful because it can state the applicant's family situation and the hardships they may be facing, which may affect the judge's decision on the applicant. In addition, the family hardship petition can also provide evidence that the applicant is capable of reintegrating into the community and therefore may improve their sentence.

A Family Hardship Mitigation Petition is a legal process scuffle designed to help offenders with family hardship obtain a reduced sentence. Under the conditions provided for by law, such an application is useful and can help the offender to reduce the sentence and shorten the period of time to be served. However, it is not inevitable that the petition for a commutation of sentence will be granted.

Whether or not a sentence can be commuted depends on a number of factors, such as the specific circumstances of the applicant, the section of the crime, and the relevant conditions prescribed by law. Therefore, if you need to apply for a family hardship reduction, you will be able to apply for a reduction in sentence.

Legal Analysis: No. Whether the sentence can be commuted has nothing to do with family conditions.

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 one of the legally-prescribed major meritorious contributions, the sentence shall be commuted.

Basis of the Law: 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; 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, 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 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 completion of the suspended period of enforcement, 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 period of enforcement, it must not be less than 20 years.

No. Whether the sentence can be commuted has nothing to do with family conditions. 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 one of the legally-prescribed major meritorious contributions, the sentence shall be commuted.

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, during the period of enforcement, they earnestly abide by the rules of the prison, accept education and reform, and truly show repentance and reform, or have meritorious service.

Sentences cannot be commuted. According to the laws of our country, a convict can obtain a commutation if he meets the conditions prescribed by law, and poverty is not a condition for commutation, so a poverty certificate is not required for commutation.

Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or imprisonment without instruction, 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.

China's relevant laws stipulate that even if a person is deprived of political rights, as long as he complies with the provisions of the law, he may still apply for commutation, and for the commutation of the sentence of a criminal, the enforcement organ shall 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 except through legally-prescribed procedures.

Legal basis

Article 70 of the Criminal Law is quietly simplified and Article 8.

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 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 completion of the suspended period of enforcement, 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 period of enforcement, it must not be less than 20 years.