(Adopted by the Judicial Committee of the Supreme People's Court at its 15438+0 meeting)
In order to correctly apply the Criminal Law and the Criminal Procedure Law and handle cases of commutation and parole according to law, these Provisions are formulated in accordance with the provisions of the Criminal Law, the Criminal Procedure Law and relevant laws.
Article 1 According to the provisions of the first paragraph of Article 78 of the Criminal Law, a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he earnestly abides by prison regulations, receives education and reform, and truly repents or performs meritorious service during the execution period; Those who have made significant meritorious service shall have their sentences reduced.
Article 2 "True repentance" means that the following four conditions are met at the same time: confession and repentance; Seriously abide by laws, regulations and regulatory rules, and accept education and reform; Actively participate in ideological, cultural, vocational and technical education; Actively participate in labor and strive to complete labor tasks.
If a criminal complains during the execution of a penalty, his right to complain should be protected according to law, and he can't think that he doesn't plead guilty or repent of his complaint without analysis.
Criminals who actively carry out property punishment and perform incidental civil compensation obligations can be regarded as guilty and penitent, and can be given lenient commutation or parole; Those who have the ability to perform but fail to perform shall be strictly controlled in commutation and parole.
Article 3 In any of the following circumstances, it shall be deemed 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 (including accomplices);
(4) Having made outstanding achievements in production technology innovation and scientific research;
(five) outstanding performance in emergency rescue and disaster relief or exclusion of major accidents;
(6) Having made other contributions to the country and society.
Article 4 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 (including accomplices);
(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.
Article 5 If a prisoner with fixed-term imprisonment meets the conditions for commutation during the execution of punishment, the range of commutation shall be as follows: if he truly repents or performs meritorious service, one commutation shall generally not exceed one year of fixed-term imprisonment; Those who do show repentance or make significant meritorious service are generally sentenced to fixed-term imprisonment of not more than two years at a time.
Article 6 The starting time and interval of commutation for a prisoner with fixed-term imprisonment are as follows: A prisoner sentenced to fixed-term imprisonment of more than five years who has served a sentence of more than one year and six months can generally commute his sentence, and the interval between two commutes should generally be more than one year. Criminals sentenced to fixed-term imprisonment of not more than five years may, with reference to the above provisions, appropriately shorten the starting sentence and the interval.
Those who have made significant meritorious service may not be restricted by the above-mentioned starting point and interval of commutation.
The starting time of commutation of fixed-term imprisonment is calculated from the date of execution of the judgment.
Article 7. If a life-imprisonment criminal does repent or perform meritorious service during the execution of the penalty, his sentence may be commuted after serving two years. The scope of commutation is: if there is repentance or meritorious service, it can generally be reduced to fixed-term imprisonment of more than 20 years and less than 22 years; Those who have made significant meritorious service may be reduced to fixed-term imprisonment of not less than 15 years but not more than 20 years.
Article 8 After one or more commutes, the actual execution term of a life imprisonment prisoner shall not be less than 13 years, counting from the date when the life imprisonment judgment is determined.
Article 9 If a criminal whose death sentence is suspended is commuted to life imprisonment, and he truly repents or performs meritorious service, he may be commuted to 25 years' imprisonment after two years' imprisonment; Those who have made significant meritorious service can be reduced to 23 years' imprisonment after serving two years' imprisonment.
After one or more commutation, the actual sentence of a criminal sentenced to death with a suspended sentence shall not be less than 15 years, excluding the suspended sentence.
If a criminal sentenced to death with a suspended execution resists reform during the suspended execution period and does not constitute a crime, his sentence may be severely commuted later.
Article 10 If a suspended prisoner whose sentence is restricted is commuted to life imprisonment according to law after the expiration of the suspended death sentence, or if his sentence is commuted to 25 years' imprisonment due to significant meritorious service, the starting time, interval and range of commutation shall be strictly controlled by comparing with those who are not restricted.
Article 11 A criminal sentenced to public surveillance or criminal detention, and a criminal whose remaining sentence is less than one year's imprisonment after the judgment takes effect, may have his sentence reduced as appropriate, and the actually executed sentence shall not be less than half of the original sentence.
Article 12 When a prisoner with fixed-term imprisonment commutes his sentence, the additional period of deprivation of political rights may be reduced as appropriate. The period of deprivation of political rights as appropriate shall not be less than one year.
Thirteenth criminals sentenced to criminal detention, suspended imprisonment of not more than three years, generally do not apply to commutation.
If a criminal specified in the preceding paragraph has made significant meritorious service during the probation period of probation, his sentence may be reduced with reference to the provisions of Article 78 of the Criminal Law, and the probation period of probation shall be shortened according to law. The probation period for criminal detention shall not be less than two months, and the probation period for fixed-term imprisonment shall not be less than one year.
Article 14 If a criminal sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment commits a new crime during the execution of the penalty and is sentenced to fixed-term imprisonment of not more than two years, his sentence will generally not be reduced; If a new crime is sentenced to life imprisonment, the sentence will generally not be reduced within three years from the date when the new crime judgment is determined.
Article 15 In handling a parole case, except in the circumstances stipulated in Article 81 of the Criminal Law, it should be judged that there is no danger of recidivism according to the specific circumstances of the crime, the term of the original judgment, the consistent performance in the execution of the penalty, the age, physical condition, personality characteristics of the prisoner, the source of life after parole and the supervision conditions.
Article 16 The starting time for a fixed-term prisoner to be released on parole and execute more than half of the original sentence shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention will be reduced to one day of imprisonment.
Article 17 "Special circumstances" as stipulated in the first paragraph of Article 81 of the Criminal Law refers to situations that have an important relationship with the interests of the state and society.
Article 18 No parole shall be granted to recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances and organized violent crimes.
A criminal sentenced to death with a suspended execution for the crime mentioned in the preceding paragraph shall not be released on parole after being commuted to life imprisonment or fixed-term imprisonment.
Article 19. The commutation and parole of juvenile criminals may be appropriately lenient according to law.
Juvenile criminals who can plead guilty and repent, abide by laws, regulations and prison rules, and actively participate in study and labor should be regarded as truly repentant, and the range of commutation can be appropriately relaxed, and the starting time and interval can be shortened accordingly. Those who meet the provisions of the first paragraph of Article 81 of the Criminal Law may be released on parole.
The juvenile criminals mentioned in the preceding two paragraphs refer to criminals under the age of 18 at the time of commutation.
Twentieth the elderly, the physically disabled (excluding those who are disabled by self-injury) and those who suffer from serious diseases, when commutation or parole, should focus on their actual repentance.
For elderly, physically disabled and seriously ill criminals who have basically lost their ability to work and can't take care of themselves, it should be regarded as true repentance if they can seriously abide by laws, regulations and prison rules and receive education and reform. The range of commutation can be appropriately relaxed, and the starting time and interval can be shortened accordingly. If the life after parole is really stable, you can be released on parole according to law, except in cases where parole is not allowed according to the law and this interpretation.
The commutation and parole of criminals with physical disabilities and criminals with serious diseases shall be determined by legal authentication institutions according to law.
Article 21 A criminal whose death sentence is suspended may be released on parole if his sentence is commuted to life imprisonment or fixed-term imprisonment, which conforms to the provisions of Article 81, paragraph 1, of the Criminal Law and Article 9, paragraph 2, and Article 18 of these Provisions.
Article 22 The interval between commutation and parole of criminals is generally one year; If a parole decision is made after a one-time deduction of two years' imprisonment, the interval shall not be less than two years.
If the remaining sentence after commutation is less than two years and parole is decided, the interval may be appropriately shortened.
Article 23 If a people's court retries a case in accordance with the procedure of trial supervision and upholds the original judgment or ruling, the effect of the original ruling on commutation and parole remains unchanged; If the original judgment or ruling is changed, the penalty execution organ shall request the people's court with jurisdiction to make a new ruling on commutation or parole according to the retrial judgment and the original ruling on commutation or parole.
Article 24 When accepting a case of commutation or parole, the people's court shall examine whether the executing organ has transferred the following materials:
(a) commutation and parole proposal;
(2) Copies of the judgment documents, enforcement notices and previous commutation rulings of the Court of Final Appeal;
(3) Written evidence of specific facts that the prisoner repents or performs meritorious service;
(four) criminal identification form, reward and punishment approval form;
(five) other materials that need to be transferred according to the trial of the case.
A request for parole shall be accompanied by an investigation and evaluation report of the community correction institution on the influence of parole on the criminal's community.
The procuratorial opinions put forward by the people's procuratorate on cases of commutation or parole shall be transferred to the people's court that accepts cases of commutation or parole.
Upon examination, if the materials specified in the preceding three paragraphs are complete, a case shall be filed; If the materials are incomplete, it shall notify the executing organ that submitted the commutation or parole to supplement it.
Article 25 The people's court shall make public all cases of commutation and parole. Public places are public areas where criminals serve their sentences. Conditional places should be publicized to the public and accept social supervision. Publicity shall include the following contents:
(1) the name of the criminal;
(2) The charges and terms of imprisonment determined in the original judgment;
(3) Having been commuted by a criminal before;
(four) the recommendations and basis for commutation and parole of the executing organ;
(5) Time limit for publicity;
(6) Feedback mode, etc.
Article 26 The people's court may hear cases of commutation or parole in writing. However, the following cases should be tried in court:
(a) because of the criminal's significant meritorious service, the sentence is reduced;
(2) The starting time, interval or commutation range of the application for commutation does not conform to the general provisions;
(three) have a significant impact in society or a high degree of social concern;
(four) received a complaint during the publicity period;
(five) the people's Procuratorate has objections;
(6) The people's court deems it necessary to hold a hearing.
Article 27 Before making a ruling on commutation or parole, the people's court shall decide in writing whether to allow the executing organ to withdraw the recommendation on commutation or parole.
Article 28 A ruling on commutation or parole shall be delivered to the relevant executing organ, the people's procuratorate and the criminal himself within seven days from the date of the ruling.
Article 29 If the people's court finds that there is indeed an error in the ruling on commutation or parole that has taken effect by itself or the people's court at a lower level, it shall re-form a collegial panel to hear the case according to law and make a ruling.