Prisons can take care of lenient criminals and other criminals with special circumstances, increase the number of meetings and extend the meeting time. Criminals who need to meet, when sending letters every month, ask to meet. The squadron police sent a meeting notice with a letter, and the meeting object will meet in the prison according to the specified date. In principle, the targets that criminals meet refer to their close relatives and guardians.
Close relatives refer to spouses, children, grandchildren, parents, parents-in-law, grandparents, uncles and aunts, siblings and spouses of themselves and their spouses.
The standard of commutation in prison is actually the range of commutation stipulated by our country. According to the requirements of the law, only criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment can have their sentences reduced. Of course, other commutation conditions need to be met at this time. So what is the standard of commutation in this prison? Bian Xiao has sorted out the relevant information and will give you a detailed answer immediately.
1. What is the standard of commutation in prison?
Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Commutation and Parole: If a prisoner with fixed-term imprisonment meets the conditions for commutation during the execution of the penalty, the scope of commutation is: if he does repent or perform meritorious service, the commutation will generally not exceed one year in prison; Those who do show repentance or make significant meritorious service are generally sentenced to fixed-term imprisonment of not more than two years at a time.
2. Start time and interval of commutation
The starting time and interval of commutation for a prisoner with fixed-term imprisonment are: a prisoner sentenced to fixed-term imprisonment of more than five years, who has been sentenced to fixed-term imprisonment for more than one year and six months, can generally commute his sentence, and the interval between two commutes should generally be more than one year. Criminals sentenced to fixed-term imprisonment of not more than five years may, with reference to the above provisions, appropriately shorten the starting sentence and the interval.
Those who have made significant meritorious service may not be restricted by the above-mentioned starting point and interval of commutation.
The starting time of commutation of fixed-term imprisonment is calculated from the date of execution of the judgment.
Third, the conditions for commutation.
"Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Commutation and Parole" According to the provisions of the first paragraph of Article 78 of the Criminal Law, a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment, during the execution period, can seriously abide by prison regulations, receive education and reform, and if he really repents or makes meritorious deeds, his sentence can be reduced; Those who have made significant meritorious service shall have their sentences reduced.
"True repentance" means
At the same time, it has the following four aspects: confession and repentance; Seriously abide by laws, regulations and regulatory rules, and accept education and reform; Actively participate in ideological, cultural, vocational and technical education; Actively participate in labor and strive to complete labor tasks.
If a criminal complains during the execution of a penalty, his right to complain should be protected according to law, and he can't think that he doesn't plead guilty or repent of his complaint without analysis.
Criminals who actively carry out property punishment and perform incidental civil compensation obligations can be regarded as guilty and penitent, and can be given lenient commutation or parole; Those who have the ability to perform but fail to perform shall be strictly controlled in commutation and parole.
"Meritorious service" refers to:
(a) to prevent others from criminal activities;
(two) to report and expose criminal activities inside and outside the prison, or to provide important clues to solve the case, which is verified by investigation;
(3) Assisting judicial organs in arresting other criminal suspects (including accomplices);
(4) Having made outstanding achievements in production technology innovation and scientific research;
(five) outstanding performance in emergency rescue and disaster relief or exclusion of major accidents;
(6) Having made other contributions to the country and society.
"Significant meritorious service" refers to:
(a) to prevent others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(3) Assisting judicial organs in arresting other major criminal suspects (including accomplices);
(four) there are inventions or major technological innovations;
(5) sacrificing oneself to save others in daily production and life;
(six) outstanding performance in resisting natural disasters or eliminating major accidents;
(seven) other significant contributions to the country and society.
Commutation can be divided into commutation and non-commutation. Under different circumstances, the scope of commutation prescribed by law is different, and in fact, the standards of commutation in prisons are also different. Although, in principle, each commutation cannot exceed 1 year, if the criminal does show repentance or has made significant meritorious service, one commutation generally does not exceed two years' imprisonment.
Prison (judicial place)
A prison in a broad sense refers to a place where all prisoners are held, including prisons, detention centers and detention centers. In a narrow sense, a prison refers to a criminal who is sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment in accordance with the provisions of the Criminal Law and the Criminal Procedure Law.
The principle of combining punishment with reform and combining education with labor is applied to criminals, and criminals are transformed into law-abiding citizens. The competent department of a prison is the Prison Administration, and the highest administrative department is the Ministry of Justice.
Reference to the above content: Baidu Encyclopedia-Prison