According to the applicable conditions and limits 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 consciously abides by prison regulations and accepts education and reform during the execution period, and truly repents or makes meritorious deeds; 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.
After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) If a criminal whose execution is suspended is restricted by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law, his sentence shall be commuted to life imprisonment and to fixed-term imprisonment of 25 years, but less than 20 years.
Extended data
According to the "Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole"
Article 6 The starting time for commutation of a sentence by a criminal sentenced to fixed-term imprisonment is: if he is sentenced to fixed-term imprisonment of less than five years, his sentence can only be commuted after being executed for more than one year; A person sentenced to fixed-term imprisonment of not less than five years but not more than ten years shall have his sentence reduced by one year and six months; Those sentenced to fixed-term imprisonment of more than 10 years shall have their sentences reduced after two years. The starting time of commutation of fixed-term imprisonment is calculated from the date of execution of the judgment.
Those who do repent or perform meritorious service shall be sentenced to fixed-term imprisonment of not more than nine months at a time; Those who do show repentance and perform meritorious service shall be given a one-time mitigated sentence of fixed-term imprisonment of not more than one year; Those who have made significant meritorious service shall be sentenced to fixed-term imprisonment of not more than one year and six months; Those who do show repentance and make significant meritorious service shall be commuted to fixed-term imprisonment of not more than two years at one time.
For criminals sentenced to fixed-term imprisonment of not more than ten years, the interval between two commutation shall not be less than one year; For criminals sentenced to fixed-term imprisonment of more than 10 years, the interval between two commutation shall not be less than one year and six months. The time interval of commutation shall not be less than the sentence after the last commutation. Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 8 If a criminal sentenced to life imprisonment meets the conditions for commutation during the execution of the penalty, his sentence may be commuted after more than two years of execution. The scope of commutation is: those who repent or perform meritorious service can be reduced to 22 years in prison; Those who do show repentance and meritorious service can be reduced to fixed-term imprisonment of not less than 21 years but not more than 22 years; Those who have made significant meritorious service may be commuted to fixed-term imprisonment of not less than 20 years but not more than 21 years.
Those who do show repentance and make significant meritorious service may be commuted to fixed-term imprisonment of not less than 19 years but not more than 20 years. When a life-imprisonment criminal commutes his sentence to fixed-term imprisonment, the range of commutation shall be implemented in accordance with the provisions of Article 6 of these Provisions. The interval between two commutation shall not be less than two years. Criminals who have made significant meritorious service may not be restricted by the above-mentioned starting time and interval of commutation.
Article 10 After a criminal sentenced to death with a suspended execution is commuted to life imprisonment, if he meets the conditions for commutation, his sentence can only be commuted after the expiration of execution for more than three years. The scope of commutation is: those who repent or perform meritorious service can be reduced to 25 years in prison; Those who do show repentance and render meritorious service may be commuted to fixed-term imprisonment of not less than 24 years but not more than 25 years.
Those who have made significant meritorious service may be reduced to fixed-term imprisonment of not less than 23 years but not more than 24 years; Those who do show repentance and make significant meritorious service may be reduced to fixed-term imprisonment of not less than 22 years but not more than 23 years. If a criminal sentenced to death with a suspended execution commutes his sentence to fixed-term imprisonment and then commutes his sentence, it shall be handled with reference to the provisions of Article 8 of these Provisions.
References:
Wen county Public Security Bureau Network-Criminal Law