Wu Ying's fund-raising fraud case was a criminal case with great social impact from 2009 to 20 12, which attracted wide attention from the society. After many twists and turns, the case was finally sentenced to death by the Zhejiang Higher People's Court on May 2, 2065438, with a two-year suspension of execution, deprivation of political rights for life and confiscation of all personal property. After Wu Ying was transferred to prison for execution, his sentence was reduced to life imprisonment on July 1 1 day, 2004, and today it was reduced to 25 years' imprisonment. So, what is the legal basis for Wu Ying's commutation? If Wu Ying behaves well, can he be released from prison early?
What is the legal basis for Wu Ying to commute his sentence to 25 years' imprisonment?
Li Zaike, a criminal defense lawyer specially invited by the Supreme People's Court Law Network and director of Beijing Guo Tao Law Firm, said that according to Article 10 of the Provisions on Several Issues Concerning the Specific Application of Laws in Handling Cases of Commutation and Parole, if a criminal sentenced to death penalty with a suspended execution is commuted to life imprisonment, if he meets the conditions for commutation, his sentence can only be commuted after more than three years of execution. Those who do repent or perform meritorious service may be reduced to 25 years' imprisonment. It has been three years since Wu Ying was commuted to life imprisonment in 20 14, and Wu Ying did show repentance. Commutation to 25 years' imprisonment is legal.
If Wu Ying behaves well, can he be released from prison early?
Lawyer Li Zaike said that if Wu Ying did show repentance or meritorious service, his sentence could be reduced after two years. After several commutation, the sentence may not exceed 20 years. However, the law also expressly stipulates that the actual sentence of a criminal sentenced to death with a suspended execution shall not be less than 15 years after one or more commutation, excluding the suspended execution period.
Wu can should be released on parole?
Lawyer Li Zaike said that if Wu Ying consciously abides by prison regulations, accepts education and reform, shows repentance and is not in danger of recidivism, he can be released on parole according to the criminal law. A criminal sentenced to a suspended death sentence like Wu Ying, if his sentence is commuted to life imprisonment, will need more than 15 years before he can be released on parole. The actual execution time does not include the suspended execution period of death penalty. That is to say, the actual execution time of Wu Ying should start from July 20 14, 1 1, and the application for parole can only be made after the actual execution of 15 years.