Concept, function, structure, writing content and method of commutation proposal
The commutation proposal is a document made by the prison when it requests the court to examine and decide the commutation of a sentence for a criminal who has really repented or rendered meritorious service during his sentence and has executed a penalty that meets the statutory conditions. ?
The commutation proposal consists of three parts: the first part, the main part and the last part:
1. Title. Indicate the name of the production organ, the name and number of the document, and the basic information of the criminal (name, gender, date of birth, nationality, place of origin, charges, name of the court that made the effective judgment, time of judgment, font size of the judgment, sentence sentenced, date of serving the sentence, change of sentence executed during serving the sentence, etc. ).
2. Text. Write down:
(1) factual basis. State the factual conclusion first, so as to "The prisoner did show XXX (repentance, meritorious service, etc.). Recently, and the specific facts are as follows: "Then state the specific facts of repentance or meritorious service.
(2) Reasons for commutation. We should take facts as the basis and argue according to law.
(3) Legal basis and suggestions. The expression is: "Therefore, according to the provisions of Article 20 of the Prison Law of People's Republic of China (PRC), Article 20 of the Criminal Law of People's Republic of China (PRC) and Article 20 of the Criminal Procedure Law of People's Republic of China (PRC), it is suggested to reduce the sentence of criminal XXX. Specially seeking a ruling. "
3. Tail. Indicate the name of the people's court served, indicate the date when the document was made, and affix the official seal of the prison. Notes are written at the end of the article. ?
(Editor: Administrator)