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Jail. There are several reasons why it is difficult to reduce the sentence of three years:
1. The detention center has been held for too long. After being arrested, inmates generally stay in a detention center for six or seven months before the court makes a verdict;
2. It is difficult to get points for three months of intensive training. After inmates go to prison, they are required to participate in prison training for the first three months, but the assessment of new inmates entering prison training is the basis for prison education and is not included in the evaluation scores;
3. The sentence may be commuted only one year after the sentence has been served; 4. The commutation policy is strict;
5. The conditions for major meritorious service performance are difficult.
Article 5 of the Supreme People's Court's Provisions on the Specific Application of Law in Handling Commutation and Parole Cases shall be found to have "major meritorious service" in any of the following circumstances, and the sentence shall be commuted:
1) Preventing others from carrying out major criminal activities; (2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; (3) Assisting judicial organs in apprehending other major criminal suspects; (4) There are inventions, creations, or major technological innovations; (5) sacrificing oneself to save others in daily production or life; (6) In resisting natural disasters.
or exclude major accidents with outstanding performance; (7) Other major contributions to the state and society.
Hope mine is helpful to you!
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This is because three years is not a very long time, and in these three years, if he wants to practice, he must have meaning, outstanding achievements or outstanding contributions, and it should be difficult to achieve this in practice.
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There is a percentage reduction in sentence. Moreover, the conditions for commutation must be met.
Can you achieve it in just 3 years? It's a simple calculation problem with time and commitment.
Unless you've just been locked up for less than half a year and have an amazing feat. For example, a favorable lead was reported, or a patent was invented.
Otherwise, when you get through the conditions where you can reduce your sentence, you will be released tomorrow after completing your sentence, haha.
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It is difficult to reduce the sentence of three years for the following reasons: 1. The detention center is too long. After being arrested, inmates generally stay in a detention center for six or seven months before the court makes a verdict; 2. It is difficult to get points for three months of intensive training.
After inmates go to prison, they are required to participate in prison training for the first three months, but the assessment of new inmates entering prison training is the basis for prison education and is not included in the evaluation scores; 3. The sentence may be commuted only one year after the sentence has been served; 4. The commutation policy is strict; 5. The conditions for major meritorious service performance are difficult.
Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases
Article 5. In any of the following circumstances, it shall be found to have "major meritorious service" and the sentence shall be commuted:
1) Preventing others from carrying out major criminal activities;
(2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;
(3) Assisting judicial organs in apprehending other major criminal suspects;
(4) There are inventions, creations, or major technological innovations;
(5) sacrificing oneself to save others in daily production or life;
6) Outstanding performance in resisting natural disasters or eliminating major accidents;
(7) Other major contributions to the state and society.
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The reasons why it is difficult to reduce the sentence of a person serving a sentence of 3 years are as follows:
1. The detention center is too long, and after a prisoner is arrested, he or she generally has to stay in the detention center for six or seven months before the court makes a judgment, and if it is a group case, it may take about a year before the judgment is made. After the court verdicts, it usually takes about a month for inmates to be sent to prison, and after this toss, they have been in the detention center for almost a year, and they have about two years left after arriving in prison.
2. It is difficult to get points for three months of intensive training in prison, and after inmates go down to prison, they have to participate in prison training for the first three months, but the assessment of new inmates entering prison for intensive training is the basis for prison education, and is not included in the assessment scores, that is to say, it can actually be used as an assessment for commutation of sentence is only 1 year and 9 months;
3. The sentence may be commuted only one year after the sentence is enforced, and the three-year sentence may only be applied for commutation and parole after one year has been completed after the verdict, but the inmates serving the sentence may accumulate evaluation points during this year so that they can apply for commutation after one year;
4. The commutation policy is strict, from the perspective of national laws and policies, commutation has become more and more severe in recent years, and some prisoners cannot be commuted because they have not paid fines, which also makes it difficult to implement the commutation of sentences for inmates;
5. The conditions for major meritorious service performance are difficult.
Criminal Law of the People's Republic of China
Article 63: [Commutation of Punishment]Where criminals have the mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.
Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case. Article 65: [Ordinary Recidivism]Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.
The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole. Article 67: [Voluntary Surrender] Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment.
Of these, where the crime is relatively minor, punishment may be waived.
Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.
Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.
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A sentence of three years can be reduced by up to one and a half years. Three years is 36 months, and one day of detention in a detention center is deducted from one day of sentence, and the remaining sentence of more than one year is served in prison. If you engage in labor reform in prison, earn points and reduce your sentence, 80 points will be reduced by one year, and the three-year sentence will generally be reduced by half a year; Minor offenses and good behaviour can be granted parole for more than half of the sentence subject to parole.
[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 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 above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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