Commutation is aimed at criminals who are executing their sentences. Therefore, commutation only applies to:
1. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment with a two-year suspension of execution. In other words, the object of commutation is only limited by the type of sentence, not by the nature of the crime and the length of the sentence;
2. During the execution of the penalty, the criminal who is executing the penalty meets the statutory circumstances of commutation. If he has not been sentenced to punishment or the punishment has been executed, there is no meaning of commutation.
Only criminals who meet the above two preconditions can apply commutation.
How to handle commutation procedures:
Article 79 of the Criminal Law stipulates the procedure of commutation, that is, "for commutation of a criminal, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. When trying a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall make a ruling to reduce the sentence. No commutation shall be allowed without legal procedures. " According to this provision and related judicial interpretation, the following points should be grasped in the procedure of applying commutation:
1, prisons and other penalty enforcement agencies have no right to decide to apply commutation to criminals, but can only put forward suggestions to the relevant people's courts to apply commutation to criminals.
2. The decision to apply commutation to criminals shall be exercised by the people's court at or above the intermediate level. The basic people's court has no right to decide to apply commutation to criminals.
3. According to the judicial interpretation of the Supreme People's Court, the people's courts that hear commutation cases have different types of punishments according to criminals, as follows:
(1) The commutation of a prisoner sentenced to a suspended death sentence or life imprisonment shall be decided by the Higher People's Court in the place where the prisoner served his sentence according to the prison commutation proposal approved by the prison administration organs of provinces, autonomous regions and municipalities directly under the Central Government.
(2) For a criminal sentenced to fixed-term imprisonment (including commutation to fixed-term imprisonment), criminal detention, public surveillance or suspended sentence, the intermediate people's court in the place where the criminal served his sentence shall make a ruling on the basis of the commutation proposal put forward by the local executive organ.
4. The people's court shall form a collegial panel when trying cases of commutation. If the collegial panel has different opinions on the commutation of an important criminal or there are other special circumstances, it shall be submitted to the judicial Committee of this court for decision.
5. The relevant people's court shall make a ruling in accordance with the law within 1 month from the date of receiving the commutation proposal of criminals sentenced to death penalty with a suspended execution, life imprisonment or fixed-term imprisonment; If the case is complicated or special, it can be extended by 1 month.
6. For the commutation of a criminal sentenced to criminal detention, public surveillance or suspended sentence, the relevant court shall make a ruling according to law within 1 month from the date of receiving the proposal for commutation, and the time shall not be extended.
The provisions of the commutation procedure are as follows:
A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he consciously abides by the prison regulations during the execution and truly repents or performs meritorious service; If there are inventions or major technological innovations in daily production and life or sacrifice oneself to save others, the sentence shall be reduced. At the same time, the time limit for commutation shall not be less than the statutory time limit.
To sum up, the commutation procedure stipulated by law is relatively general and does not involve criminals. However, in judicial practice, criminals need to submit an application for commutation before applying for commutation. However, criminals generally don't understand the legal provisions, let alone how to prepare applications for commutation. If a prisoner can or should commute his sentence during his sentence, his family members may entrust a professional criminal defense lawyer to meet the prisoner and help him prepare the materials needed for commutation.
Legal basis:
Criminal law of the people's Republic of China
Article 78
Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly show repentance or render 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.