The commutation process is as follows:
1. The executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level;
2, the people's court shall form a collegial panel to review, issue a review opinion;
3. The prison will publicize the list of criminals who intend to apply for commutation and the opinions on commutation in the prison;
4. Perform commutation procedures for criminals.
Criminals sentenced to public surveillance, criminal detention or fixed-term 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; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: (1) preventing 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. Legal basis: Article 78 of the Criminal Law: A criminal sentenced to public surveillance, criminal detention or fixed-term imprisonment may have his sentence reduced if he conscientiously abides by prison regulations and receives education and reform during the execution period, and if he truly shows repentance or meritorious service; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: (1) preventing 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.
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Legal basis:
Article 78 of the Criminal Law of People's Republic of China (PRC)
Conditions and limits of commutation 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 during the execution period, and truly shows repentance or meritorious service; 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.
After commutation, the actual sentence shall not be less than the following period:
(a) sentenced to public surveillance, criminal detention or fixed-term imprisonment, which is more than half of the original sentence;
(two) sentenced to life imprisonment, not less than thirteen years;
(3) If a criminal whose execution is suspended is restricted by the people's court in accordance with the provisions of the second paragraph of Article 50 of this Law, his sentence shall be commuted to life imprisonment after the expiration of the suspended execution, and less than 25 years have passed since the expiration of the execution.