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 receive education and reform;
(three) actively participate in ideological, cultural and 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:
(a) to prevent others from 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;
(4) Having 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.
The technological innovation or other significant contributions mentioned in items (4) and (6) shall be independently or mainly completed by criminals in the process of penalty execution, and 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) sacrificing oneself 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.
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; 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 Whoever organizes, leads, participates in, harbors or connives at criminal gangs, criminals who endanger national security, criminals who engage in terrorist activities or drug-related criminal groups who meet the conditions for reducing their sentences.
If the ringleaders and recidivists who have committed drug-related crimes fail to perform or not fully perform the property judgment in the effective judgment are sentenced to fixed-term imprisonment of less than 10, the sentence can be reduced only after more than 2 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 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 more than 20 years and less than 21 years.
Fixed-term imprisonment; 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 financial management order and financial fraud, criminals who organize, lead, participate in, harbor or condone underworld organizations, criminals who endanger national security, criminals who carry out terrorist activities, ringleaders of drug-related criminal groups, drug recidivists, criminals who intentionally kill, rape, rob, kidnap, set fire to, explode, throw dangerous substances or gather people to fight.
Criminals who commit violent crimes do have the ability to perform, but they do not perform or do not fully perform the property judgment in the effective judgment. A criminal sentenced to life imprisonment shall be punished for several crimes. Those who meet the conditions for commutation may be commuted for more than three years, and the range of commutation shall be strictly controlled with reference to Article 8 of these Provisions.
Master, the minimum sentence after commutation shall not be less than 20 years in prison; 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.
Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 10 After a criminal sentenced to death with a suspended execution is commuted to life imprisonment, if he meets the conditions for commutation, his sentence can only be commuted after the expiration of execution for more than three years. The scope of commutation is: those who repent or perform meritorious service can be reduced to 25 years in prison; There is indeed repentance and meritorious service.
, can be reduced to more than 24 years but less than 25 years of fixed-term imprisonment; Those who have made significant meritorious service may be reduced to fixed-term imprisonment of not less than 23 years but not more than 24 years; Those who do show repentance and make significant meritorious service may be reduced to fixed-term imprisonment of not less than 22 years but not more than 23 years.
If a criminal sentenced to death with a suspended execution commutes his sentence to fixed-term imprisonment and then commutes his sentence, it shall be handled with reference to the provisions of Article 8 of these Provisions.