In the execution of other punishments, there are also problems of mitigating punishment such as reprieve and commutation. As mentioned earlier, the commutation with a reprieve is due to the fact that criminals did not intentionally commit crimes during the reprieve period, so the types of punishment have changed, and the death penalty has been changed to life imprisonment or fixed-term imprisonment. Although this kind of commutation with a reprieve also has the nature of commutation, it is one of the contents of the reprieve system, which is different from the commutation system in China's criminal law. Of course, after the death penalty is commuted to life imprisonment or fixed-term imprisonment, it can be regarded as commutation if it meets the conditions for commutation.
Does the fine penalty also involve commutation in execution? Article 53 of China's criminal law stipulates that if it is really difficult to pay fines due to irresistible disasters, it may be mitigated or exempted as appropriate. However, the reduction of this fine is not due to the repentance or meritorious service of criminals, but to the flexible execution measures taken according to their actual affordability. In addition, deprivation of political rights also has the problem of commutation in execution. Paragraph 2 of Article 57 of China's Criminal Law stipulates that when the suspended execution of death penalty is reduced to fixed-term imprisonment or life imprisonment is reduced to fixed-term imprisonment, the additional period of deprivation of political rights should be changed to less than three years 10 year. However, this is only the adjustment of the supplementary punishment with the reduction of the principal punishment, not the commutation in the usual sense.
legal ground
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; 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. (1) Those sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence.
According to the second paragraph of Article 22 1 of the Criminal Procedure Law, if a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment truly repents or performs meritorious service during the execution, his sentence shall be reduced according to law. Regarding the applicable conditions for obtaining a guarantor pending trial, Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant in any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies are released on bail pending trial, which will not cause social danger; (4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial. "