The latest provisions on commutation of sentences for criminals:
Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole "Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole" was adopted by the the Supreme People's Court Judicial Committee at its1693rd meeting on September 20, 2006, and is hereby promulgated, and shall come into force as of September 0, 2006 17. 20 16 1 65438+1014 _ Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole (adopted at the 65438 meeting of the Supreme People's Court Judicial Committee on September 2016) ) In order to ensure the fair handling of commutation and parole cases in accordance with the law, this provision is formulated in accordance with the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC) and other legal provisions, combined with judicial practice.
Article 1 Commutation and parole are penal systems that encourage criminals to reform. The application of commutation and parole should implement the criminal policy of combining leniency with severity, give full play to the function of punishment and realize the purpose of punishment.
Article 2 When handling a case in which a criminal meets the conditions of "commutation" stipulated in the first paragraph of Article 78 of the Criminal Law, factors such as the nature and specific circumstances of the crime committed by the criminal, the degree of social harm, the performance of the original judgment and the property judgment in the effective judgment, and the consistent performance after delivery shall be comprehensively investigated.
Article 3 "True repentance" means meeting the following conditions at the same time:
(1) Plead guilty and repent.
(2) Abide by laws, regulations and regulatory provisions and accept education and reform.
(three) actively participate in ideological, cultural, vocational and technical education.
(four) actively participate in labor, and strive to complete the task of labor.
Criminals who take advantage of their positions to commit crimes of disrupting financial management order, financial fraud and organizing (leading, participating, shielding and conniving) organized crimes of a triad nature do not actively return stolen goods, assist in recovering stolen money and compensation for losses, or obtain commutation or parole by improper means such as personal influence and social relations, etc., are not considered as "truly repentant". The criminal's right to appeal in the process of penalty execution should be protected according to law, and his legal appeal can't be regarded as not pleading guilty and not repenting without analysis.
Article 4 Under any of the following circumstances, it can be recognized as meritorious service:
(1) preventing others from engaging in criminal activities.
(two) to report and expose criminal activities inside and outside the prison, or to provide important clues to solve the case, which is verified by investigation.
(3) assisting judicial organs in arresting other criminal suspects.
(four) have made outstanding achievements in production technology innovation and scientific research.
(5) having rendered meritorious service in resisting natural disasters or eliminating major accidents.
(6) Having made other significant contributions to the country and society. sequence
(4), first
(6) The technological innovation or other significant contributions mentioned in Item (6) shall be independently or mainly accomplished by criminals during the execution of punishment, and shall be confirmed by the provincial competent department.
Article 5 Under any of the following circumstances, it shall be deemed as "significant meritorious service":
(a) to prevent others from committing major criminal activities.
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation.
(3) assisting judicial organs in arresting other major criminal suspects.
(four) there are inventions or major technological innovations.
(5) Give yourself up to save others in daily production and life.
(six) outstanding performance in resisting natural disasters or eliminating major accidents.
(seven) other significant contributions to the country and society. sequence
The invention-creation or major technological innovation mentioned in Item (4) shall be an invention patent independently or mainly completed by the criminal during the execution of the penalty and confirmed by the competent department of the state, excluding utility model patents and design patents; sequence
Other significant contributions mentioned in Item (7) shall be made by criminals independently or mainly during the execution of punishment and confirmed by the competent state department.
Article 6 The starting time for commutation of a prisoner sentenced to fixed-term imprisonment is as follows: if he is sentenced to fixed-term imprisonment of less than five years, the commutation shall be carried out for more than one year; A person sentenced to fixed-term imprisonment of not less than five years but not more than ten years shall have his sentence reduced by one year and six months; Those sentenced to fixed-term imprisonment of more than 10 years shall have their sentences reduced after two years. The starting time of commutation of fixed-term imprisonment is calculated from the date of execution of the judgment. Those who do repent or perform meritorious service shall be sentenced to fixed-term imprisonment of not more than nine months at a time; Those who do show repentance and perform meritorious service shall be given a one-time mitigated sentence of fixed-term imprisonment of not more than one year; Those who have made significant meritorious service shall be sentenced to fixed-term imprisonment of not more than one year and six months; Those who do show repentance and make significant meritorious service shall be commuted to fixed-term imprisonment of not more than two years at one time. For criminals sentenced to fixed-term imprisonment of not more than ten years, the interval between two commutation shall not be less than one year; For criminals sentenced to fixed-term imprisonment of more than 10 years, the interval between two commutation shall not be less than one year and six months. The time interval of commutation shall not be less than the sentence after the last commutation. Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 7. Criminals who meet the conditions of commutation by taking advantage of their positions, criminals who disrupt financial management order and financial fraud, criminals who organize, lead, participate in, shield or condone crimes committed by underworld organizations, criminals who endanger national security, criminals who carry out terrorist activities, ringleaders of drug-related criminal groups, drug recidivists, recidivists, and criminals who fail to perform or not fully perform effective property judgments shall be sentenced to fixed-term imprisonment of not more than 10 years. Commutation can only be carried out for more than two years, and the extent of commutation is strictly controlled with reference to Article 6 of these Provisions. A commutation shall not exceed one year's imprisonment, and the interval between two commutation shall be more than one year. Criminals sentenced to fixed-term imprisonment of more than 10 years as mentioned in the preceding paragraph, and criminals sentenced to fixed-term imprisonment of more than 10 years for intentional homicide, rape, robbery, kidnapping, arson, explosion and organized violent crimes, and criminals sentenced to fixed-term imprisonment of more than 10 years for both crimes, can only have their sentences reduced after two years of execution, and the scope of commutation is strictly controlled with reference to Article 6 of these Provisions. A commutation shall not exceed one year's imprisonment, and there shall be an interval between two commutations. Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 8 A criminal sentenced to life imprisonment may have his sentence reduced if he meets the conditions for commutation during the execution of the penalty, and if his sentence has been executed for more than two years. The scope of commutation is: those who repent or perform meritorious service can be reduced to 22 years in prison; Those who do show repentance and meritorious service can be reduced to fixed-term imprisonment of not less than 21 years but not more than 22 years; Those who have made significant meritorious service may be reduced to fixed-term imprisonment of not less than 20 years but not more than 21 years; Those who do show repentance and make significant meritorious service may be commuted to fixed-term imprisonment of not less than 19 years but not more than 20 years. When a life-imprisonment criminal commutes his sentence to fixed-term imprisonment, the range of commutation shall be implemented in accordance with the provisions of Article 6 of these Provisions. The interval between two commutation shall not be less than two years. Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 9 For duty criminals sentenced to life imprisonment, criminals who disrupt the order of financial management and financial fraud, criminals who organize, lead, participate in, shield or connive at underworld organizations, criminals who endanger national security, criminals who carry out terrorist activities, ringleaders of drug criminal groups, drug recidivists, criminals who intentionally kill, rape, rob, kidnap, set fire to, explode, release dangerous substances or commit organized violent crimes. If the conditions for commutation are met, the commutation can be carried out for more than three years, and the extent of commutation shall be strictly controlled with reference to Article 8 of these Provisions. The minimum sentence after commutation shall not be less than 20 years' imprisonment. When commuting a sentence to a fixed-term imprisonment, the scope of commutation shall be strictly controlled with reference to Article 6 of these Provisions. The fixed-term imprisonment shall not exceed one year at a time and the interval between commutation shall be more than two years.
Legal basis: Article 1 of the Code of Conduct for Prison Criminals upholds the Constitution and abides by laws, regulations and prison rules.
Article 2 Obey management, receive education, take part in labor, confess guilt and repent.
Article 3 Love the motherland, the people, the collective, study and work.
Article 4 Be polite and honest, help each other and be friendly, and be diligent and self-reliant.
Article 5 Exercise rights according to law and safeguard the legitimate rights and interests of individuals through proper ways and procedures.
Article 6 During serving a sentence, the following disciplines shall be strictly observed:
(a) do not exceed the warning line and the prescribed area, and act without supervision;
(two) do not hide cash, knives and other contraband;
(three) do not contact with outsiders, ask for, borrow, exchange or transfer money;
(four) not to pass letters, cash and other items without permission during the meeting;
(five) are not allowed to use heat preservation, climbing and digging items without authorization;
(6) Do not steal or gamble;
(seven) do not fight, self injury;
(eight) do not gang up to bully others;
(nine) shall not spread criminal means or instigate others to commit crimes;
(ten) do not practice and spread harmful qigong and cults.
Seventh get up on time, orderly wash and go to the toilet, clothes, quilts and other personal items in order.
Article 8 Wear prison uniforms and uniform signs as required.
Ninth clean indoor and outdoor health on time, keep the environment clean and tidy.
Article 10 Maintain personal hygiene, take a bath, have a haircut, shave and cut your nails on time, and change clothes and bedding regularly.
Eleventh according to the provisions of the time and place to eat, cherish food, do not dump excess food.
Twelfth groups, should obey the command of police officers, keep the formation clean.
Thirteenth do not drink alcohol, do not smoke in violation of regulations.
Article 14 If you are sick, you should call the police. When you see a doctor, you should observe discipline and cooperate with treatment. No drugs.
Fifteenth need to enter the police officer's office, report outside the door, and enter after permission.
Sixteenth need to report to the field staff, report in three meters away.
Seventeenth encounter problems, take the initiative to report to the police officer. When talking to the police, truthfully state and answer questions.
Article 18 Go to bed in the designated berth, and keep quiet when going to bed, which will not affect others' rest.
Nineteenth to accept the legal system, morality, situation, policy and other ideological education, a clear understanding of the harm of crime, to correct bad habits.
Twentieth receive mental health education, cooperate with psychological tests, and develop healthy psychology.
Twenty-first respect teachers, observe learning discipline, and take good care of teaching facilities and equipment.
Twenty-second to receive cultural education, listen carefully in class, finish homework on time, and strive for good grades.
Twenty-third receive technical education, master practical skills, strive to be an expert in labor, and enhance employment ability.
Twenty-fourth reading health books and periodicals, according to the provisions of the radio and television.
Twenty-fifth to participate in recreational activities, enhance physical fitness, cultivate sentiment.
Article 26 Take an active part in labor. If you don't take part in labor for some reason, you must get the consent of the police officer.
Twenty-seventh abide by labor discipline, stick to their posts, and obey production management and technical guidance.
Twenty-eighth strictly abide by the operating rules and safety regulations, and shall not violate the rules and regulations.
Twenty-ninth care for equipment and tools. Practice economy, reduce losses and put an end to waste.
Thirtieth to keep the workplace clean and tidy, abide by the regulations on the management of fixed posts, and put tools, materials and products in order.
Article 31 You are not allowed to bring labor tools, dangerous goods and contraband into the prison.
Thirty-second to complete the task of labor, ensure the quality of labor, and cherish the fruits of labor.
Thirty-third care for the public environment. No spitting, no littering, no damage to flowers and trees.
Article 34 Civilized manners. No swearing, no swearing.
Article 35 Address others politely. Address the people's police as "police officers" and use corresponding honorifics for other personnel.
Article 36 Criminals should call each other by their first names, and no nicknames are allowed.
Article 37 When guests and policemen enter the cell, they should stand up to greet them except when they are sick and go to bed according to the regulations.
Thirty-eighth when meeting guests and police, be polite to guests.