There is no so-called three-year commutation and parole, and it can be handled if it meets the conditions. According to the applicable conditions of Article 81 of the Criminal Law, criminals sentenced to fixed-term imprisonment have executed more than half of the original sentence, and criminals sentenced to life imprisonment have actually executed it for more than 13 years. If they consciously abide by the prison regulations and accept education and reform, they can be released on parole without the danger of committing crimes again. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.
Commutation characteristic
1。 The object of commutation is the criminal who is executing the penalty. This is the fundamental point to distinguish between commutation and sentencing system. If they all perform meritorious service and appear in the stages of investigation, prosecution and trial, they can be used as a sentencing system to give a lighter or mitigated punishment to criminal suspects; However, meritorious service in the execution stage can only be used as a prerequisite for commutation, which will lead to the result of commutation.
2。 The object of commutation is criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment and life imprisonment are similar in that all the sentences they are sentenced to are free, and the severity of free punishment is determined by the length of the sentence. If there is a time limit, the tax shall be reduced or exempted within this time limit. If there is no time limit, the sentence will be determined through legal procedures.
3。 For criminals sentenced to life imprisonment, the content of commutation is the change of punishment, that is, from life imprisonment to fixed-term imprisonment; For criminals sentenced to public surveillance, criminal detention or fixed-term imprisonment, the content of commutation is to shorten the sentence.
4。 The application for commutation must meet the conditions prescribed by law. In other words, it is possible or necessary to start the commutation procedure when the criminal has some behavior stipulated by law.
5。 Commutation includes both substantive content, that is, the application of penalty, which involves the issue of criminal responsibility, and procedural content, that is, it is handled according to specific procedures.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 3 of the Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole means that the following conditions are met at the same time: (1) Plead guilty and repent; (2) Abide by laws, regulations and regulatory provisions, and receive education and reform; (three) actively participate in ideological, cultural and vocational and technical education; (four) actively participate in labor, and strive to complete the task of labor. Article 78 of the Criminal Law of People's Republic of China (PRC) 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, accepts education and reform, and shows repentance or meritorious service during the execution period; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: (1) preventing 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.