Will the prisoner s sentence be commuted if he reports that he is not in the same case?

I've been in this situation myself.

Around 1990, when a thief was executed, I was sent by the procuratorate to supervise the execution. After the judge read out the execution order, the prisoner suddenly confessed to a major theft that he had not previously confessed to and involved his joint commission with another accomplice. The judge and the vice-president who led the team found it difficult to ask for the opinion of the procuratorate, and I had only been working in the procuratorate for three years at that time, and I had no experience, so I agreed with the court's opinion without consulting the chief prosecutor.

As a result, the criminal was immediately executed.

More than a year later, the accomplice of the co-theft was caught, and he confessed to the co-theft. ** When I went to our local court to collect materials, I found that the condemned prisoner had confessed and reported on the execution ground, and I put forward my opinion on the local judicial organ, believing that the handling was improper. To this end, the Provincial Supreme People's Court and the Procuratorate separately examined the personnel involved in the enforcement and investigated whether there was dereliction of duty.

After examination, the Provincial Procuratorate's Legal and Discipline Department found that I lacked experience in handling cases, and although I did not put forward a procuratorial recommendation that could not be enforced, the decision to continue enforcement was made by court personnel, and it did not affect the conviction of my accomplices, and the consequences were not serious, so they did not punish me.

Therefore, according to the law, as long as the condemned prisoner reports a major crime clue at the last moment, the judicial personnel present must record it, must immediately study whether his statement is true, and if it is considered true, he must report it to the Supreme Court on the spot to apply for a suspension of execution, and wait for the Supreme Court's reply. Only when the results of the on-the-spot study find that the statement is not true or does not involve any major case, can it be determined to continue the implementation on its own.

If the reported case is genuine, it is not a false accusation that can be commuted.

It depends on whether the facts of the crime you report can meet the criteria for meritorious service and commutation of sentence.

Legal Analysis: Yes. If the sentence has been imposed, but the person who committed the crime has not been revealed, the truth of the matter can be confessed in prison, and the police will search and re-investigate, and the court will make a new judgment.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 84: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property.

Legal Analysis: Where convicts sentenced to life imprisonment or fixed-term imprisonment truly show repentance or meritorious service during the period of serving their sentences, their sentences may be commuted on the basis of the results of prison evaluations. 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. Where the criminal sub-department suspects that the pickpockets have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues, so that they can solve other cases, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived. Whether or not the sentence of a co-offender can be commuted needs to be confirmed as to whether it is a meritorious service as provided by law.

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) 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, 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.

Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3: "Truly showing repentance and reform" refers to meeting the following conditions at the same time:

1) Confession of sin and repentance;

2) Abide by laws, regulations, and supervision rules, and accept education and reform;

3) Actively participate in ideological, cultural, vocational and technical education;

4) Actively participate in labor and strive to complete labor tasks.

Criminals may not be able to reduce their sentences if they report to their co-defendants, and it is necessary to see whether they are meritorious service. According to article 78 of the Criminal Law, 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 prisons, and upon investigation it is found to be a solid case; (3) There are inventions, creations, or major technological innovations, etc.

Article 78 of the Criminal Law: 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 performances, 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, 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.

Criminals reporting co-offenders may not necessarily be able to reduce their sentences, and it is necessary to see whether they are meritorious performances. According to article 78 of the "Qiaoshu Criminal Law", 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 during the enforcement period; 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, etc.

Article 78 of the Criminal Law of the People's Republic of China68 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 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) There are 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 sentence, it must not be less than 25 years, and where the sentence is commuted to 20 years imprisonment after the completion of the suspended period is completed, it must not be less than 20 years.

Reporting a co-offender will be kept confidential. If a criminal exposes the criminal acts of others, verifies the facts, or provides important clues so that other cases can be solved, it is a meritorious act, and the investigating organs and other judicial organs will keep it confidential.

[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 the facts, or providing important leads, thus enabling the investigation of other cases, the punishment may be mitigated or commuted; 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 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) Other major contributions to Guokai good family and society.

If the family members of the co-offenders report the criminals, the criminals may not make meritorious service or have their sentences commuted. According to the provisions of China's Criminal Law, only criminals who have made meritorious contributions can have their sentences commuted, and those whose relatives report meritorious service are not criminals who have made meritorious contributions; in addition, meritorious service must be an act of non-accomplice of a co-defendant who has confessed, that is, other acts other than "joint crime," so the sentence cannot be commuted. Article 5 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service" Article 502 According to the provisions of Article 68, Paragraph 1 of the Criminal Law, after the criminal arrives at the case, he or she reports or exposes the criminal conduct of others, including the criminal convict in a joint crime case who exposes crimes other than the joint crime of the co-defendant, which is verified to be true after investigation; Provide important clues for the investigation of other cases, which have been verified to be true; discourage criminal activity by others; Assist the judicial authorities in apprehending other criminal suspects (including co-defendants); Where there are other outstanding performances that are beneficial to the state and society, they shall be found to have made meritorious contributions.

Reporting an accomplice can reduce the sentence. Reporting an accomplice is a meritorious service. The punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.

Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1. Preventing the major criminal activities of others;

2. Reporting Li Yunbi's activities for major crimes inside and 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 made other major contributions to the country and society.

Commutation has the following characteristics:

1. The target of commutation is the criminal who is currently serving the sentence. This is the fundamental way to distinguish between the commutation and sentencing systems;

2. Commutation is aimed at criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment;

3. For convicts sentenced to life imprisonment, the content of the commutation is a change in the type of punishment;

4. The application of commutation must meet the requirements prescribed by law;

5. Commutation of sentence includes both substantive law content, that is, the application of criminal punishment involves the issue of criminal responsibility, and is to be disposed of according to specific procedures.

[Legal basis].Article 79 of the Criminal Law of the People's Republic of China.

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 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.