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According to the provisions of paragraph 1 of Article 78 of the Criminal Law of the People's Republic of China, commutation of sentence refers to a system whereby criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment are appropriately commuted during the period of enforcement of their criminal punishment because they have truly repented and reformed or made meritorious contributions. Whether or not to reduce the sentence should be taken into account the specific circumstances.
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Legal Analysis: Yes, the law provides for increased punishment for other crimes found during the period of serving the sentence.
Legal basis: "Prison Law of the People's Republic of China" Article 29: 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.
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The sentence is two years, and if eligible, there is a chance of a reduction of the sentence. During the period of enforcement, Qi Qingzi shall conscientiously abide by prison rules, carry out labor reform, actively repent of his crimes, and make contributions to the country and society. If there is a major meritorious service, the sentence shall be commuted.
[Legal basis].Article 78 of the Criminal Law of the People's Republic of China.
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.
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Legal Analysis: Yes, the law provides for heavier punishment for other crimes found during the period of serving the sentence that were not discovered by the Huai people.
Legal basis: Prison Law of the People's Republic of China" Article 29: Where convicts sentenced to life imprisonment or have a concise sentence of fixed-term imprisonment truly repentant 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) In resisting natural disasters or eliminating major accidents, there is a prominent performance of blocking the shirt; (6) Other major contributions to the state and society.
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Not only commutation of sentences, but China also has a parole system, where criminals sentenced to fixed-term imprisonment serve more than half of their original sentences, and criminals sentenced to life imprisonment may be released on parole if they conscientiously 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. Parole and commutation have similar goals, both are for offenders who have repented or have no intention of committing another offense.
However, parole may not be applied to aggravated violent offenders.
The requirements for commutation are very strict, and it is sufficient to meet one of the requirements in writing that the criminal conscientiously abides by the prison rules, receives education and reform, and truly shows repentance and reform or has made meritorious contributions. However, in practice, commutation of sentence can only be applied to criminals who have truly repented or made meritorious contributions in the course of enforcing their sentences. This is also a substantive element for the application of commutation.
And there will be a limit to the commutation of sentence; According to the provisions of Article 78 of the Criminal Code of the People's Republic of China, the limit of commutation is: the sentence actually served after the commutation, and where a sentence of controlled release, short-term detention or fixed-term imprisonment is given, it must not be less than 1 2 of the original sentencewhere a sentence of life imprisonment is given, it must not be less than 13 years; Where a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of the Criminal Code, a criminal whose death sentence has been suspended must not be less than 25 years if the sentence is commuted to life imprisonment after the completion of the suspended period of enforcement, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended sentence, it must not be less than 20 years.
And @张三 says that the majesty of the criminal law lies not in the severity of the punishment, but in the inevitability of the punishment. Where it is found through strict procedures that they have truly repented, their sentence may be commuted.
However, if the offender is recidivised within 5 years of being released from prison, it constitutes a recidivism, the sentence is aggravated, and parole cannot be granted.
In summary, verbal repentance at trial does not meet the conditions for commutation. Being convicted of intentional homicide is considered to be a meritorious service, but as long as it is within the framework of the criminal law, it is impossible to escape from a 10-year prison sentence, and it is impossible to say that you will be free from imprisonment for a few years.
1. The offender has been given a proper trial, and the victim has been given justice. Commutation of the sentence of the convict is his own serious reform and conforms to the commutation procedure, and obtaining the commutation is also fair to the inmate.
2. There are different opinions on the purpose of punishment, but in our country, it is recognized that the purpose is to prevent crime;
1) To improve the offender, so that he can suffer from the past, abandon the evil and follow the good, and apply commutation and parole to those who have achieved their goals.
2) The elimination of some of the most heinous hostile elements, that is, the death penalty was carried out immediately. By the way, the vast majority of people who were sentenced to a two-year reprieve were eventually sentenced to life imprisonment, so the death penalty was not part of this article.
3) To prevent crimes committed by people who have not committed crimes, and to warn and deter unstable elements in society; to educate and inspire the masses and prevent unstable elements from committing crimes; and reassure victims and prevent retaliation. Thank you for your support!
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Commutation of sentence means that the criminal offender has made a major meritorious service during the period of serving his sentence, and the prison grants a reduction in the number of years of service through due process, and there is no statement about whether he is worthy of the victim, that is, meritorious service atonement.
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Commutation is also a humane performance, because sometimes the crime is not intentional, and in this case, the good behavior of you will also give him a chance to live and repent.
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To a certain extent, practice is an incentive for criminals, and there is no real heinousness, and if there is no CCB, then criminals will be even more severe.
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There is a possibility of probation, but you didn't make it clear about the specific situation!! The crime of intentional injury is a public prosecution case, and the public prosecution case cannot be revoked, but if the victim's losses are compensated and the conflict is resolved, the punishment can be mitigated and a suspended sentence can be announced at the same time. Why?
Fights or brawls that arise in quarrels?? Now it's the plaintiff who is suing, right? Or is it prosecuted by the procuratorate?
Almost all of all cases of private prosecution for minor injuries were accepted by the public security organs as public security cases, and there was no conclusion, and the victim had no evidence to prove that the defendant should bear criminal responsibility, so he only went to the court to request a private criminal prosecution case on the basis of the conclusion of the injury appraisal made by the internal appraisal body of the public security organ that constituted minor injuries.
First of all, if the court accepts a private prosecution case for minor injuries, which is a type of minor criminal case in which the victim has evidence to prove under article 170 (2) of the Criminal Procedure Law, and the party concerned reports the case to the public security organ to seek legal relief because there is no evidence, if the public security organ has already accepted it as a public security case, it shall handle it in accordance with the provisions of article 2 of the "Public Security Administration Punishment Law of the People's Republic of China", and if it is not enough for criminal punishment, a public security administrative punishment shall be given; where a crime is constituted, the public security organs are to pursue criminal responsibility in accordance with law.
Second, not all injuries that meet the standard of minor injuries constitute a crime, but minor injuries are only the severity of the injuries and are an objective aspect of the crime, and the constituent crime must meet the elements of the crime as provided for in the Criminal Law, that is, the subject's --- age, identity, etc., should comply with the provisions of the Criminal Law, subjectively --- the defendant is subjectively at fault, the object --- infringes on the social interests protected by the Criminal Law, and the objective aspect --- the defendant has harmful conduct.
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In the case of intentional injury, in principle, mediation is not given to minor injury cases, but in order to build a harmonious society, the public security organs may also mediate and handle the case on the premise that both parties are voluntary, but cannot withdraw the case. If the victim does not agree, unless the evidence is insufficient, the procuratorate may not arrest him, the public security organ may change the compulsory measures, and the public prosecution will be initiated if the evidence is sufficient.
For circumstances of voluntary surrender, the base sentence may be reduced by up to 40% based on comprehensive consideration of circumstances such as the motive, time, and method of voluntary surrender, the severity of the crime, the degree of truthful confession of the crime, and expressions of remorse; where the crime is relatively minor, the base sentence may be reduced by 40% or more, or punishment may be waived in accordance with law. Except where malicious use of voluntary surrender to evade legal sanctions is not sufficient for lenient punishment.
Of course!!! The perpetrator shall bear full responsibility for the accident, and the parties shall report to the public security and traffic organs, and if the perpetrator's escape constitutes a crime, criminal responsibility shall be investigated. As for compensation, you can claim medical expenses, lost work expenses, vehicle damage expenses, etc., and if it constitutes disability, you should also pay disability compensation.
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