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According to the Supreme People's Court's "Provisions on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases", truly showing repentance and reformation refers to the following four aspects of the circumstances:
1. Admit guilt and submit to the law;
2. Conscientiously abide by supervision rules and accept education and reform;
3. Actively participate in political, cultural and technical studies;
Fourth, actively participate in labor and complete production tasks.
Truly meritorious service is one of the following circumstances:1. Reporting or exposing criminal activities inside or outside prison, or providing important leads on solving cases, which are verified to be true upon investigation;
2. Preventing the criminal activities of others;
3. Technological innovation in production and scientific research, with outstanding achievements;
4. Actively performing in emergency rescue and disaster relief or in eliminating major accidents;
5. There are other outstanding deeds that are beneficial to the state and society.
Those who have truly made major meritorious contributions have one of the following circumstances:
1. Obstructing the major criminal activities of others;
2. Reporting major criminal activities inside or outside prisons, which is verified to be true upon investigation;
3. There are inventions or major technological innovations;
Fourth, in daily production and life, sacrificing what has been saved by others;
5. Outstanding performance in resisting natural disasters or eliminating major accidents;
6. Other major contributions to the state and society.
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refers to Article 78 of the Criminal Law.
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 prisons, 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. Other major contributions to the state and society. ”
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Legal Analysis: Genuinely repentant means that the following four aspects must be present:
1. Admit guilt and submit to the law;
2. Conscientiously abide by the supervision regulations and accept education and reform;
3. Actively participate in political, cultural and technical activities;
4. Actively participate in labor and complete production tasks.
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 prisons, 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. 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.
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The true manifestations of repentance and reformation are admitting guilt and obeying the law, conscientiously abiding by prison rules, accepting education and reform, actively participating in political, cultural, and technical activities, actively participating in labor, and completing production tasks. Major meritorious service refers to other situations in which major criminal activities of others are stopped, major criminal activities inside or outside prisons are reported, and are verified to be true after investigation, and other situations in which they have sacrificed their lives to save others in their daily production and daily life, as well as other situations where they have made other major contributions to the state and society.
1. How to obtain a commutation of sentence while serving a sentence.
Where criminals conscientiously abide by supervision provisions, accept education and reform, and truly repent or make meritorious contributions, their sentences may be commuted. Sentences may be commuted for those who have any of the following major meritorious contributions:
1. Prevent other people's major criminal activities;
2. Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;
3. Creation or major technological innovation;
4. Sacrifice oneself to save others in daily production and life;
5. Outstanding performance in fighting natural disasters or eliminating major accidents;
6. Have made other major contributions to the country and society.
2. Can a suspended sentence be commuted?
Where a suspended sentence is given, a commutation may be applied. According to the provisions, the applicable subjects of commutation are criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment, and the specific conditions are that they conscientiously abide by prison rules, accept education and reform, and truly show repentance, including admitting guilt and repentance; Abide by laws, regulations and supervision rules, and accept education and reform; actively participate in ideological, cultural, vocational and technical education; Commutation may be applied to actively participate in labor and strive to complete labor tasks, and if there is any of the following major meritorious service, the sentence shall be commuted: 1. Preventing 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 or major technological innovations; 4. Sacrificing oneself to save others in daily production and life; 5. Outstanding performance in resisting natural disasters or eliminating major accidents; 6. Have other contributions to the country and society.
Article 78, paragraph 1, of the Criminal Code.
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 prisons, 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) Weakened in resisting natural disasters or eliminating major accidents, with outstanding performance;
6. Other major contributions to the state and society.
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Legal Analysis: The true manifestations of repentance are: 1
plead guilty and submit to the law; 2.conscientiously abide by the supervision rules and accept education and reform; 3.active participation in political, cultural, and technical activities; 4.
Actively participate in labor and complete production tasks. The major meritorious deeds are:1
Preventing the major criminal activities of others; Reporting major criminal activities inside or outside the prison is verified to be true upon investigation; 3.There are inventions or major technological innovations; 4.sacrificing one's life to save others in one's daily production and life; 5.
Outstanding performance in resisting natural disasters or eliminating major accidents; 6.Those who have made other significant contributions to the country and society.
Legal basis: "Criminal Law of the People's Republic of China" Article 68: Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues so that other cases can be solved, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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Legal Analysis: The true manifestations of repentance are: 1
plead guilty and submit to the law; 2.conscientiously abide by the supervision rules and accept education and reform; 3.active participation in political, cultural, and technical activities; 4.
Actively participate in labor and complete production tasks. The major meritorious deeds are:1
Preventing the major criminal activities of others; 2.Reporting major criminal activities inside or outside the prison is verified to be true upon investigation; 3.There are inventions or major technological innovations;
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Commutation and Parole Cases".
Article 1: Paragraph 1: "Truly repentant and reformed" refers to having the following four aspects at the same time: admitting guilt and obeying 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 a complaint is made against a crime during the period of enforcement of a criminal punishment, its right to appeal should be protected in accordance with law.
Appeals to crimes shall be analyzed on a case-by-case basis, and shall not be uniformly regarded as a non-admission of guilt and submission to the law.
Article 1: Paragraph 2: "Meritorious service" refers to any of the following circumstances: (1) reporting or exposing criminal activities inside or outside prison, or providing important leads to solving a case, which is verified to be true upon investigation; (2) Preventing the criminal activities of others; (3) Technological innovation in production and scientific research, with outstanding achievements; (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.
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The true manifestations of repentance and reformation are admitting guilt and obeying the law, conscientiously abiding by prison rules, accepting education and reform, actively participating in political and cultural activities, technical activities, actively participating in labor, and completing production tasks. Major meritorious service refers to other situations in which major criminal activities of others are stopped, major criminal activities inside or outside prison are reported, and are verified to be true after investigation, where they have sacrificed themselves to save others in their daily production or daily life, and where they have made other major contributions to the state and society.
[Legal basis].Article 78, paragraph 1, of the Criminal Code.
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:
1. Obstructing the major criminal activities of others;
2. Reporting major criminal activities inside or outside prisons, 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 and life;
5. Outstanding performance in resisting natural disasters or eliminating major accidents;
6. Other major contributions to the state and society.
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Genuine repentance and reformation refers to criminals conscientiously abiding by prison rules during the enforcement period, receiving education and reform, actively participating in political, cultural, and technical activities, and completing labor and production tasks. Major meritorious service refers to having the ability to prevent others from committing major criminal activities; Reports of major criminal activities inside and outside the prison, which have been verified to be true; There are inventions or major technological innovations.
[Legal basis].Article 68 of the Criminal Law of the People's Republic of China.
Where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying it to be true, or providing important leads, so that they can solve other cases, they may be given a lighter or commuted punishment; Where there is major meritorious service, punishment may be commuted or waived.
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 prisons, which is verified to be true upon investigation;
3) There are inventions or 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.
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