One is how to reduce the sentence of life imprisonment, that is, what are the conditions for reducing the sentence of life imprisonment
Commutation is aimed at criminals who are executing their sentences. Therefore, commutation only applies to:
1. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment with a two-year suspension of execution. In other words, the object of commutation is only limited by the type of sentence, not by the nature of the crime and the length of the sentence;
2. During the execution of the penalty, the criminal who is executing the penalty meets the statutory circumstances of commutation. If he has not been sentenced to punishment or the punishment has been executed, there is no meaning of commutation.
Only criminals who meet the above two preconditions can apply commutation.
Commutation can be divided into relative commutation and absolute commutation.
Relative commutation is also called commutation. According to the provisions of the Criminal Law, a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the execution period, he conscientiously abides by prison regulations, accepts reform and truly repents or makes meritorious deeds. "True repentance or meritorious service" is one of them, that is, it meets the conditions of relative commutation.
Absolute commutation, also known as commutation, is a commutation under the condition of one of the six major contributions stipulated in the criminal law.
Article 78 of the Criminal Law of People's Republic of China (PRC) stipulates: "If the sentence actually executed after commutation is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence; Those sentenced to life imprisonment shall not be less than ten years. "
In other words, criminals sentenced to life imprisonment should serve at least 10 years after commutation. Before the people's court makes a ruling on commutation, criminals should actively behave in prison and strive for opportunities.
Two. Provisions on commutation of life imprisonment:
1. If a prisoner with life imprisonment does repent or perform meritorious service during the execution, his sentence may be reduced after serving two years. In order to reduce the sentence of a life-imprisonment criminal, it is in line with the commutation of a suspended death sentence and a long-term imprisonment criminal, and if there is repentance or meritorious service, it can generally be reduced to a fixed-term imprisonment of not less than 18 years but not more than 20 years; Those who do show repentance and meritorious service can be reduced to fixed-term imprisonment of not less than 13 years but not more than 18 years.
2. If a life-imprisonment criminal commits a crime again during the execution period and is sentenced to fixed-term imprisonment or less, the sentence will generally not be reduced within two years from the date when the new crime judgment is determined; If the new crime is sentenced to life imprisonment, the starting time of commutation shall be appropriately extended.
3. According to the criminal law, the actual sentence executed by a life imprisonment criminal shall not be less than ten years, counting from the date when the life imprisonment judgment is determined.
Those who have made significant meritorious service may not be restricted by the above-mentioned time limit for commutation.
I hope I can help you through the introduction of the above conditions and regulations for commutation of life imprisonment. If you don't know the specific application and relevant regulations of commutation, you can seek the help of professional criminal lawyers on our website, and they will help you get out of the embarrassing situation as soon as possible.
Extended reading:
What are the applicable conditions for reprieve of death sentence?
What does fixed-term imprisonment mean and how to reduce it?
Can deprivation of political rights for life reduce the sentence?