Wang Qiang is a demobilized soldier. 26-year-old, director of the subsidiary company of XX Automobile Manufacturing Industry Company. In the early days as the factory director, Wang Qiang worked hard and made outstanding achievements, which brought the factory on the verge of closure back to life. Later, Wang Qiang saw the cadres he trained go to the sea to do business, earning tens of thousands of yuan a month, while his monthly income was only 1000 yuan. Gradually, he became mentally unbalanced and began to pursue material life, thinking that others should have it and he should have it himself. Later, Wang Qiang and others stole the auto parts produced by the factory and sold them for profit. On XX, XX, XX, he was arrested and brought to justice by the public security organs of XX, and was sentenced to imprisonment and reform.
In the early days of prison reform, Wang Qiang was depressed and under great ideological pressure. Prison police officers gave targeted ideological education to Wang Qiang, and suggested that Wang Qiang give full play to his expertise and make some technological innovations and inventions. After education, Wang Qiang gradually changed his understanding. With the encouragement and support of the prison police, Wang Qiang studied hard, designed and invented the "miniature inflatable buoy", that is, put a special one-way valve plate at the seal of the abandoned "pop-top can" and filled with carbon dioxide gas, which can replace the floating ball or floating object in the water tank, and obtained a patent. Later, Wang Qiang invented portable nail roadblocks, temperature-controlled fire extinguishers, wind vane billboards and water-saving faucets to facilitate the pursuit of fugitives. Before the 2008 Beijing Olympic Games, Wang Qiang also invented the "automatic rotating podium". The prison thought that Wang Qiang had many inventions during the prison reform, and suggested that Wang Qiang's sentence should be reduced according to law. So I made a commutation proposal with the number of (20XX)X and transferred it to the criminal Wang Qiang file, with a total of X volumes and XX pages.
Attached:
1. Paragraph/kloc-0 of Article 78 of the Criminal Law of People's Republic of China (PRC) stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he consciously abides by prison regulations, receives education and reform, and shows 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.
2. Paragraph 2 of Article 262 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment really repents or makes meritorious deeds during the execution period, and his sentence should be commuted or released on parole according to law, the executing organ shall put forward suggestions for examination and ruling to the people's court and send a copy to the people's procuratorate. The people's procuratorate may submit written opinions to the people's court.
3. Article 30 of the Prison Law of People's Republic of China (PRC) stipulates that a prison shall submit a proposal for commutation to the people's court, and the people's court shall examine and make a ruling within one month from the date of receiving the proposal for commutation; If the case is complicated or special, it can be extended for one month. The ruling on commutation shall be copied to the people's procuratorate.
Look at the answers and analyze the correct answers. The criminal has indeed shown repentance recently and made great contributions. The specific facts are as follows:
1. It really means repentance.
At the beginning of the reform, Wang Qiang was depressed and under great ideological pressure. The prison policemen gave targeted ideological education to Wang Qiang, and suggested that Wang Qiang give full play to his expertise and carry out technological transformation and invention. After education, Wang Qiang gradually changed his understanding. With the encouragement and support of the prison police, Wang Qiang earnestly abided by the prison regulations, actively reformed, and indeed showed repentance.
2. Have made significant meritorious service.
Wang Qiang devoted himself to research, designed and invented the "miniature inflatable buoy", that is, put a special one-way valve plate at the seal of the abandoned "pop-top can" and filled it with carbon dioxide gas, which can replace the floating ball or floating object in the water tank, and obtained a patent. Later, Wang Qiang invented portable nail roadblocks, temperature-controlled fire extinguishers, wind vane billboards and water-saving faucets to facilitate the pursuit of fugitives. Before the 2008 Beijing Olympic Games, Wang Qiang also invented the "automatic rotating podium". Wang Qiang made many inventions during the prison reform.
In a word, criminals confessed their crimes, conscientiously observed prison regulations, accepted education and reform, showed repentance, and studied hard, and made many inventions, which was a major meritorious service. Therefore, according to the provisions of Article 30 of the Prison Law of People's Republic of China (PRC), Article 78, paragraph 1 of the Criminal Law of People's Republic of China (PRC) and Article 262, paragraph 2 of the Criminal Procedure Law of People's Republic of China (PRC), it is suggested that the sentence of the criminal Wang Qiang be reduced, and it is hereby ruled.
(P 198—P 199)
Answer analysis
Knowledge points of this topic: commutation proposal,