1. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment;
2. If a prisoner consciously abides by prison regulations, accepts education and reform, repents or makes meritorious service during his sentence, his sentence may be reduced;
3, if there is a stop other people's major criminal activities, report major criminal activities inside and outside the prison, verified and other major meritorious service, should be reduced.
During the execution of the penalty, the criminal who is executing the penalty meets the statutory circumstances of commutation. If he has not been sentenced to punishment or the punishment has been executed, there is no point in reducing the sentence. Only criminals who meet the two preconditions can apply for commutation. Commutation can be divided into relative commutation and absolute commutation.
Legal basis: Article 78 of the Criminal Law of People's Republic of China (PRC).
Applicable conditions and limits of commutation A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if he consciously abides by prison regulations, accepts education and reform, and shows genuine repentance or meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) If a criminal whose execution is suspended is restricted by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law, his sentence shall be commuted to life imprisonment and to fixed-term imprisonment of 25 years, but less than 20 years.