Prisoners' applications for commutation are generally approved within one to two months. According to the relevant laws and regulations of our country, the proposal of commutation is put forward by the prison to the people's court, and the people's court shall review and make a ruling within one month from the date of receiving the proposal of commutation; If the case is complicated or special, it can be extended for one month. The ruling on commutation shall be copied to the people's procuratorate. In addition, criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations and receive education and reform during the execution period, and if they do show repentance or render meritorious service.
Characteristics of commutation:
1. The object of commutation is the criminal who is executing the penalty. This is the fundamental point to distinguish between commutation and sentencing system. If they all perform meritorious service and appear in the stages of investigation, prosecution and trial, they can be used as a sentencing system to give a lighter or mitigated punishment to criminal suspects; However, meritorious service in the execution stage can only be used as a prerequisite for commutation, which will lead to the result of commutation;
2. The object of commutation is criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment. Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment and life imprisonment are similar in that their sentences are all free, and the severity of free punishment is determined by the length of the sentence. If there is a time limit, it shall be reduced or exempted within this time limit; If there is no time limit, the fixed term of imprisonment shall be decided through legal procedures;
3. For criminals sentenced to life imprisonment, the content of commutation is the change of punishment, that is, from life imprisonment to fixed-term imprisonment; For criminals sentenced to public surveillance, criminal detention or fixed-term imprisonment, the content of commutation is to shorten the sentence;
4. The application for commutation must meet the conditions prescribed by law;
5. Commutation includes both substantive content, that is, the application of penalty, which involves the issue of criminal responsibility, and procedural content, that is, it is handled according to specific procedures.
To sum up, applying for commutation is a complicated procedure, which needs to follow specific steps and legal requirements. First of all, the applicant needs to prepare detailed materials, including personal data, crime situation, performance and so on. Secondly, you need to submit an application and wait for approval, which usually takes some time. In addition, applicants should pay attention to providing sufficient evidence and reasons to increase the chances of successful application. At the same time, we should abide by the law, such as observing prison discipline and participating in reform projects. Finally, the applicant should cooperate with the lawyer to ensure that all the procedures in the application process are legal and complete.
Legal basis:
Criminal law of the people's Republic of China
Article 78
Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly show repentance or render 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.