Extended information
"Criminal Law of the People's Republic of China"
Article 78 Applicable Conditions and Restrictions Sentenced to public surveillance, criminal detention, or fixed-term imprisonment , criminals serving life sentences who consciously abide by prison rules during the execution period, accept education and reform, and truly show repentance or meritorious service may have their sentences reduced; those who have one of the following major meritorious services
(1) Prevent others from doing so Committing major crimes;
(2) Reporting and exposing major crimes inside and outside prison, which are verified to be true;
(3) Inventing and creating major technological innovations;
(4) Those who sacrifice themselves to save others in daily life;
(5) Those who have outstanding performance in fighting natural disasters or eliminating major accidents;
(6) In Outstanding performance in fighting natural disasters or eliminating major accidents. (5) Outstanding performance in fighting natural disasters or eliminating major accidents;
(6) Making other significant contributions to the country and society.
The actual term of the sentence after commutation shall not be less than the following period:
(1) If a person is sentenced to public surveillance, criminal detention, or fixed-term imprisonment, it shall not be less than one-half of the original sentence. ;
(2) If a person is sentenced to life imprisonment, the term shall not be less than thirteen years;
(3) The people's court restricts the commutation of the sentence in accordance with the provisions of Article 50, Paragraph 2 of this Law , if a death penalty criminal is sentenced to a suspended sentence, and upon expiration of the suspended execution period, the sentence may be commuted to life imprisonment in accordance with the law, the sentence shall not be less than 25 years; if upon expiration of the suspended execution period, the sentence shall be commuted to 25 years in fixed-term imprisonment in accordance with the law, the sentence shall not be less than 20 years.
Article 79 Procedure To commute the sentence of a criminal, the execution agency shall submit a proposal for commutation to the people's court at or above the intermediate level. The people's court shall form a collegial panel to conduct a trial, and shall rule on commutation of sentence for those who have truly shown repentance or meritorious service. The sentence cannot be reduced except through legal procedures.
Article 80 Calculation of the period of commutation of a life sentence to fixed-term imprisonment. The period of commutation of a life sentence to fixed-term imprisonment shall be calculated from the date of the commutation of the sentence.
Article 81 Applicable conditions: If a criminal sentenced to fixed-term imprisonment serves more than half of the original sentence, or a criminal sentenced to life imprisonment actually serves more than 13 years of fixed-term imprisonment, If you consciously abide by prison rules, accept education and reform, show repentance, and are not in danger of committing another crime, you may be paroled. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned penalty execution period may be exempted.
Recidivists and criminals who have been sentenced to fixed-term imprisonment of more than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, placing dangerous substances or organized violent crimes are not eligible for parole.
When deciding to parole an offender, the impact of parole on the community where the offender lives should be considered.
Article 82 Procedures Parole criminals shall be handled in accordance with the procedures stipulated in Article 79 of this Law. Parole shall not be granted without legal procedures.
Article 83: The probation period for parole for fixed-term imprisonment is the unfinished term of the sentence; the probation period for parole for life imprisonment is ten years.
The parole probation period is calculated from the date of parole.
Article 84 Paroleed criminals shall abide by the following provisions:
(1) Abide by laws and administrative regulations and obey supervision;
(2) Report activities in accordance with the regulations of the regulatory agency;
(3) Comply with the regulatory agency’s regulations on receiving guests;
(4) Leave the city or county where you live or move to other places, It must be submitted to the regulatory authority for approval.
Article 85 Parole Test and its Positive Consequences: During the parole test period, criminals on parole shall be subject to community correction in accordance with the law. If there are no circumstances specified in Article 86 of this Law, the parole test period shall expire. , it shall be deemed that the execution of the original sentence has been completed and it shall be publicly announced.
Article 86: Revocation and handling of parole: If a paroled criminal commits a new crime within the parole trial period, his parole shall be revoked and the several crimes shall be combined in accordance with the provisions of Article 71 of this Law. Punishment.
During the parole trial period, if it is discovered that the paroled criminal has committed other crimes for which he has not yet been convicted before the verdict is announced, his parole shall be revoked and he shall be punished for several crimes in accordance with the provisions of Article 70 of this Law.
If a paroled criminal violates laws, administrative regulations or the supervision and management regulations of parole by the relevant departments of the State Council during the parole trial period, and does not constitute a new crime, his parole shall be revoked in accordance with legal procedures and placed in prison for execution. Sentences that have not yet been executed.