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If the inmate shows repentance and reformation, meritorious service, etc., the sentence can be commuted and he can be released from prison early.
Article 78 of the Criminal Law: [Conditions and Limits of Application]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 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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No, good performance can be released early.
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The prisoner's one-year prison term is 12 months.
If a person is detained before the sentence, the sentence will be reduced by one day per day, and if they generally behave well while serving the sentence, the sentence will be commuted, so they will not actually sit for the number of days of the sentence.
In accordance with the provisions of the Supreme People's Court on several issues concerning the specific application of law in handling commutation and parole cases, the range of commutation is:
For convicts sentenced to fixed-term imprisonment during the period of enforcement of their sentences, the range of commutation that meets the requirements for commutation is: if there are truly expressions of repentance and reform, or if there are meritorious contributions, the sentence is generally commuted to no more than one year imprisonment at a time; If there are truly expressions of repentance and reformation and meritorious service, or major meritorious service, the sentence is generally not to exceed two 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 show outstanding repentance and reform, or if they have made meritorious contributions; If there is outstanding repentance and meritorious service, or if there is a major meritorious service, a single commutation must not exceed three years imprisonment.
The interval for commutation is: The starting time and interval for commutation of sentences for convicts sentenced to fixed-term imprisonment are: Convicts who have been sentenced to fixed-term imprisonment of more than five years can generally have their sentences commuted after serving more than one and a half years; The interval between commutations shall generally be more than one year.
For convicts sentenced to 10 years or more imprisonment, the interval between two to three years imprisonment shall generally not be less than two years. Convicts sentenced to less than five years imprisonment may appropriately shorten the starting point and the interval between the above provisions.
Where there is truly major meritorious service, the restrictions on the start and interval of commutation described above may be waived.
Commutation is not calculated according to the number of months in one year, but according to the length of one reduction, when there is a statutory provision.
For a fixed-term imprisonment of less than 10 years, a commutation is a maximum of 2 years. And normal.
In such cases, if the sentence is more than 5 years, the sentence can only be commuted after serving one and a half years of imprisonment. After subtracting once, generally.
It will take one year before the sentence can be commuted.
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One year in prison is defined as 12 months. Prisoners are sentenced to prison and belong to persons deprived of their liberty, with no official holidays.
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Friends, a year is 12 months, and a prisoner is of course 12 months a year;
However, there may be commutation of sentence during the sentence period, such as a sentence of 10 years, a sentence of 2 years, and finally an 8-year sentence.
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Legal Analysis: No. Perpetrators of criminal detention are not necessarily sentenced to prison, let alone jail.
First of all, criminal detention is not a criminal punishment, and the police do not have the right to convict the detained perpetrators. Only the perpetrator who has been tried can be recognized as a criminal. In cases where the evidence is insufficient, the public security organs may, of course, release the perpetrators involved in the case.
At this time, the perpetrator will not be imprisoned, let alone sentenced. Second, even if the perpetrator is convicted and sentenced, he does not necessarily need to go to prison. The term imprisonment in daily life mainly refers to the free sentence stipulated in the criminal law.
According to the provisions of the Penal Code, the statutory type of punishment also includes the penalty of control. The perpetrator sentenced to controlled custody does not need to serve his sentence in prison and therefore does not need to go to prison.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 82: Public security organs may first detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who was present in the hall and saw it identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Those who do not tell their real names and addresses, and their identities are unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
Article 91: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking them into custody. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
Within 7 days of receiving a written request for approval of arrest from the public security organs, the people's procuratorate shall make a decision to approve or not to approve arrest. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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1. Patients with advanced liver cirrhosis will also be imprisoned if they commit a criminal case, but if the condition is serious and meets the requirements of the law, they can be sentenced to prison outside of prison.
2. According to China's criminal law and relevant laws, the defendant's conviction and sentencing will not be changed because of his illness. That is, the criminal suspect's illness does not fall under the circumstances that can be mitigated or mitigated, and the criminal punishment will be imposed according to the criminal act committed by the suspect and the consequences caused by it. After a sentence is given, if the illness is serious and meets the requirements of law, it may be served outside of prison.
3. Article 254 of the Criminal Procedure Law of the People's Republic of China stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may temporarily serve his sentence outside of prison under any of the following circumstances:
1) Those who have a serious illness and need to be released on medical parole;
2) Women who are pregnant or breastfeeding their own infants;
3) Unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.
Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.
Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents.
Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.
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Yes, the police station will first put you in the detention center to wait for the sentence and detain for three months, as long as you go to the cell, other prisoners will beat you, sit cross-legged and can't move every day, and beat you when they move, they are all prisoners, you can't eat enough, you can't eat enough, you can't go to the toilet casually and need to report, and when you finish your sentence, you will still be beaten in prison to serve your sentence, and you will be beaten every day if you can't do your job and play, and the prisoner's life is so helpless
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Ask what the husband needs to bear after 5 or 6 years of separation and sue for divorce.
Hello are you there.
However, you need to prove that you have indeed been separated for two years, and if you need to submit proof of your separation, you can divorce directly.
Civil Code of the People's Republic of China
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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