Criminal law stipulates the problem of crime and punishment, which is a criminal substantive law; The criminal procedure law is a criminal procedure law, which stipulates the procedure of prosecuting crimes, the scope of functions and powers of the prosecution and judicial organs, the litigation rights of the parties and participants in the proceedings and their legal relations.
Criminal law refers to the law on crime, criminal responsibility and punishment, that is, the law on what behavior is a crime, what responsibility should be borne by a crime, and how to measure and punish it. It is the substantive law of criminal crimes.
The criminal procedure law refers to the law on criminal cases and how to go to court, which is a procedural law. Now, if the public security bureau files a case and the procuratorate files a lawsuit, it is a criminal case. The trial of this case is based on criminal law. How many years will it take? When will the case be tried and when will it be tried in the first instance? These procedural issues are governed by the Criminal Procedure Law. Similarly, if a case is brought by a common people against another common people, it is a civil case. The judge will judge who is right and who is wrong according to the civil law, when to file a case, and how many people will try it. That is the civil procedure law.
Conditions and limitations of commutation
The conditions for commutation mainly include: preventing others from engaging in major criminal activities; Reporting major criminal activities inside and outside the prison, which is verified; There are inventions or major technological innovations; Sacrifice oneself to save others in daily production and life; Outstanding performance in resisting natural disasters or eliminating major accidents.
Limit of commutation: those sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence; If a person is sentenced to life imprisonment, the sentence actually executed after commutation shall not be less than thirteen years; If a criminal whose death sentence is suspended is commuted to life imprisonment according to law after the expiration of probation, the actual sentence executed after commutation shall not be less than 25 years, and if it is commuted to 25 years after the expiration of probation, it shall not be less than 20 years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1 of the Criminal Procedure Law of People's Republic of China (PRC).
Purpose and Basis of Legislation This Law is formulated in accordance with the Constitution in order to ensure the correct implementation of the Criminal Law, punish crimes, protect the people, safeguard national security and social security, and safeguard the socialist social order.
Article 1 of the Criminal Law of People's Republic of China (PRC)
The purpose of legislation is to punish crimes and protect people. This Law is formulated in accordance with the Constitution and in the light of China's specific experience and actual situation in combating crime.