Cases of commutation and parole shall be handled separately according to the following circumstances: (1) If a criminal sentenced to death has his sentence commuted, the Higher People's Court where the criminal is serving his sentence shall receive approval from the prison management authority at the same level after review and approval. 2) If a criminal sentenced to life imprisonment has his sentence commuted, the Higher People's Court in the place where the criminal is serving his sentence shall make a ruling within one month after receiving the commutation proposal reviewed and approved by the prison management authority at the same level. The local higher people's court shall make a ruling within one month after receiving the commutation or parole recommendation approved by the prison management authority at the same level; (c) For criminals who are sentenced to fixed-term imprisonment or commuted to fixed-term imprisonment, the intermediate people's court in the place where they serve their sentences shall make a ruling within one month. A ruling shall be made within one month after receiving the recommendation of commutation or parole from the execution agency; if the case is complex or the circumstances are special, it may be extended by one month; from this point of view, commutation is the ruling of the superior people's court. Legal basis:
Article 20 of the "Criminal Procedure Law" stipulates that basic people's courts have jurisdiction over first-instance ordinary criminal cases, except for those that are under the jurisdiction of the higher people's court in accordance with the provisions of this law. Article 21 The Intermediate People's Court has jurisdiction over the following first-instance criminal cases: (1) cases endangering national security and terrorist activities; (2) cases that may result in life imprisonment or death penalty. Article 22 The Higher People's Court has jurisdiction over first-instance criminal cases, that is, major criminal cases within the province (autonomous regions, municipalities directly under the Central Government). Article 23 The first-instance criminal cases under the jurisdiction of the Supreme People's Court are major national criminal cases.