1. Commutation is only applicable to criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment.
Criminals sentenced to one of the above four punishments, whether their crimes are intentional or negligent, felony or misdemeanor, crime of endangering national security or other criminal crimes, can reduce their sentences as long as they have the statutory conditions for reducing their sentences.
2. The limit of commutation refers to the minimum sentence that a criminal should actually execute after commutation. The actual sentence after commutation, if sentenced to public surveillance, criminal detention or fixed-term imprisonment, shall not be less than1/2 of the original sentence;
Sentenced to life imprisonment for not less than 13 years; A criminal whose death sentence is suspended shall be commuted to life imprisonment for more than 25 years and to more than 20 years after the suspension expires.
Legal basis:
Article 78 of the Criminal Law of People's Republic of China (PRC) 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, and shows repentance or 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.
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 and to fixed-term imprisonment of 25 years, but less than 20 years.