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From the day of parole.
According to the provisions of articles 85 and 86 of the Criminal Law, parole may have the following different outcomes depending on the different manifestations of the offender:
1. Criminals who have been released on parole have not committed new crimes or omitted crimes during the probationary period of parole, and have not violated laws, administrative regulations, or the supervision and management provisions of the public security department on parole, and upon the completion of the probationary period of parole, it is deemed that the original sentence has been executed.
2. Where a criminal who has been released on parole commits a new crime during the probationary period of parole, or discovers that he or she has committed other crimes before the verdict is announced, his parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of the Criminal Law.
3. Where a criminal on parole has conduct that violates laws, administrative regulations, or the public security department's provisions on the supervision and management of parole during the probationary period of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.
4. If, after the completion of the probationary period of parole, it is discovered that a criminal on parole has committed a new crime during the probationary period of parole, as long as the statute of limitations for prosecution has not been exceeded, the parole shall also be revoked in accordance with the relevant provisions of article 86 of the Criminal Law, and the punishment for the previous crime that has not been served and the punishment for the subsequent crime shall be determined in accordance with the provisions of article 69 of the Criminal Law.
5. After a criminal is released on parole, where the original sentence is supplemented with a supplementary sentence, the supplementary sentence must still be enforced. Where the original sentence had additional deprivation of political rights, the sentence for additional deprivation of political rights is calculated from the date of parole.
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After 10 years of actual enforcement, it is calculated from the date on which the judgment takes effect, and the sentence may be deducted from the previous detention.
Your question seems to be that the factor of commutation is taken into account, and parole is not necessarily related to commutation, but only the length of time actually served as a necessary condition.
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From the date of enforcement of the indefinite judgment, the actual enforcement is ten years.
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Legal Analysis: More than 13 years of wandering. Criminals sentenced to fixed-term imprisonment may be released only if they serve more than half of the original sentence, and criminals sentenced to life imprisonment may only be released on parole if they have actually served 13 years or more, and other conditions are met.
Legal basis: Article 78, Paragraph 2 of the Criminal Law of the People's Republic of China 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 one-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 suspended death 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 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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Life imprisonment is a harsh sentence that falls somewhere between a fixed-term prison sentence and the death penalty. Life imprisonment, literally means an unlimited period of detention, which is a criminal punishment method that deprives criminals of their lifelong liberty and is forced to work for reform. But in fact, life imprisonment is also subject to the commutation system, which can be commuted to fixed-term imprisonment, so how many years can life imprisonment come out?
The term of life imprisonment is calculated from the date on which the judgment is announced, and the date of detention before the judgment is pronounced cannot be deducted from the sentence, and after the life imprisonment sentence is commuted to fixed-term imprisonment, the sentence is to be served, and the date of the first detention is not to be deducted from the sentence. During the period of enforcement, if a convict sentenced to life imprisonment truly shows repentance and reform, or has made meritorious contributions, the sentence may be commuted after serving two years. The range of sentence reduction is:
Where there are truly expressions of repentance and reform, or where there are meritorious contributions, the sentence may generally be commuted to between 20 and 22 years imprisonment; Where there is a major meritorious service, the sentence may be commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years. After a convict sentenced to life imprisonment has undergone one or several commutations, his actual sentence must not be less than 13 years, and the starting time shall be calculated from the date on which the indefinite sentence judgment is determined. Therefore, if you have performed well in prison, or have made meritorious contributions, you can be released for at least 13 years.
Legal basis: Article 78 of the Criminal Law of the People's Republic of China? The sentence actually served after the commutation in paragraph 2 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.
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Amendment 8 to the Criminal Code does not change the probationary period for parole of life imprisonment and remains at 10 years. Life imprisonment can be parole after the actual number of years of imprisonment, and the 8th amendment stipulates that it is more than 13 years, but it was originally 10 years.
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Criminal Law Article 82: Criminals sentenced to fixed-term imprisonment may be released on parole if they are serving more than half of the original sentence, and criminals sentenced to life imprisonment are actually serving 13 years or more, and if they earnestly abide by prison rules, accept education and reform, truly show repentance, and are not in danger of committing another crime. If there are special circumstances, upon approval by the Supreme People's Court, the above-mentioned restrictions on the enforcement of sentences may be waived.
Article 84: The probationary period for parole of fixed-term imprisonment is the sentence for which the sentence has not been completed; The parole probation period for life imprisonment is ten years.
The probationary period of parole is calculated from the date of parole.
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