What is the latest regulation of commutation?
Provisions on trial procedure of commutation and parole cases
In order to further standardize the trial procedure of commutation and parole cases and ensure the legality and fairness of the trial of commutation and parole cases, these Provisions are formulated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), and in combination with the actual trial work of commutation and parole cases.
Rule number one. Cases of commutation and parole shall be handled according to the following circumstances:
(1) The commutation of a prisoner sentenced to death with a suspended execution shall be decided by the Higher People's Court of the place where the prisoner served his sentence within one month after receiving the proposal for commutation approved by the prison administration organ at the same level;
(2) The commutation or parole of a prisoner sentenced to life imprisonment shall be decided by the Higher People's Court of the place where the prisoner served his sentence within one month after receiving the recommendation for commutation or parole approved by the prison administration organ at the same level. If the case is complicated or special, it can be extended for one month;
(3) The commutation or parole of a criminal sentenced to fixed-term imprisonment or commuted to fixed-term imprisonment shall be ruled by the intermediate people's court in the place where the criminal served his sentence within one month after receiving the recommendation of commutation or parole from the executing organ, and the case may be extended for one month if the case is complicated or special;
(4) The commutation of a criminal sentenced to criminal detention or public surveillance shall be decided by the intermediate people's court in the place where the criminal served his sentence within one month after receiving the recommendation for commutation or parole approved by the executing organ at the same level.
For criminals who are temporarily executed outside prison, the relevant provisions of the preceding paragraph shall apply to the commutation of their sentences according to the circumstances.
Article 2 When accepting a case of commutation or parole, the people's court shall examine the following materials transferred by the executing organ:
(a) commutation and parole proposal;
(2) Copies of the judgment documents, enforcement notices and previous commutation rulings of the Court of Final Appeal;
(3) Written evidence of specific facts that the prisoner repents or performs meritorious service;
(four) criminal identification form, reward and punishment approval form;
(five) other materials that should be transferred according to the needs of the case.
When submitting an application for parole, it shall be accompanied by an investigation and evaluation report of the community correction institution or grass-roots organization on the influence of parole on the criminal's community.
If the people's procuratorate puts forward procuratorial opinions on commutation and parole cases, the executing organ shall transfer them to the people's court that accepts the commutation and parole cases.
Upon examination, if the materials are complete, it shall be put on file; If the materials are not uniform, it shall notify the executing organ to make corrections within three days. If the materials are not completed within the time limit, the case will not be filed.
Article 3. When trying a case of commutation or parole, the people's court shall, within five days after filing the case, announce to the public the commutation or parole proposal and other materials submitted by the executing organ according to law.
The contents of publicity shall include the personal information of the prisoner, the charges and terms of imprisonment determined in the original judgment, the previous commutation of the sentence of the prisoner and the suggestions and basis of the executing organ.
Publicity shall specify the time limit for publicity and the way to put forward opinions. The publicity period is five days.
Article 4. The people's courts shall hear cases of commutation and parole by judges or collegiate panels composed of judges and people's jurors according to law.
Article 5 When trying cases of commutation and parole, the people's courts should not only examine the consistent performance of criminals during the execution period, but also comprehensively consider the specific circumstances of the crime, the punishment of the original judgment, the execution of property punishment, the execution of incidental civil judgments and the return and compensation of stolen goods by criminals.
When trying a parole case, the people's court shall not only examine the circumstances listed in the first paragraph, but also comprehensively consider the factors that affect the offender's recidivism, such as his age, physical condition, personality characteristics, source of life after parole, and supervision conditions.
If the executing organ puts forward a proposal for commutation on the grounds that a criminal has rendered meritorious service or significant meritorious service, it shall examine whether the meritorious service or significant meritorious service is true. Where inventions, technological innovations or other contributions are involved, it shall be examined whether the achievements were independently completed by criminals during the execution period and confirmed by the relevant competent authorities.
Article 6. The people's courts may hear cases of commutation or parole in court or in writing. However, the following cases of commutation and parole shall be heard in court:
(1) commutation of sentence due to the criminal's significant meritorious service;
(2) The starting time, interval or commutation range of the application for commutation does not conform to the general provisions of judicial interpretation;
(three) received different opinions during the publicity period;
(four) the people's Procuratorate has objections;
(5) The criminals who have been reported for commutation or parole are duty criminals, who organize (lead, participate in, cover up and condone) criminals of underworld nature, disrupt the order of financial management and commit financial fraud, and other criminals who have great social influence or high social concern;
(6) Other cases that the people's court thinks should be heard in court.
Article 7 When trying a case of commutation or parole, the people's court shall notify the people's procuratorate, the executing organ and the criminals who have been reported for commutation or parole to attend the trial.
The people's court may, when necessary, notify witnesses who prove that criminals have repented or rendered meritorious service, people who put forward different opinions during the publicity period, appraisers, translators and other personnel to participate in the trial.
Article 8. The trial shall be held in the place where the criminal executes the punishment or the place determined by the people's court. Conditional people's courts may hold hearings by video.
If a criminal who carries out criminal punishment in the community is reported to have his sentence reduced due to significant meritorious service, a court session may be held at the place where the criminal served his sentence or his residence.
Article 9 The people's court shall notify the people's procuratorate, the executing organ, the criminals whose sentences have been reduced or released on parole and other persons who need to participate in the trial three days before the court session, and make an announcement three days before the court session.
Article 10 The trial of cases of commutation and parole shall be presided over by the presiding judge and shall be conducted according to the following procedures:
(1) The presiding judge announces a court session to verify the basic situation of the criminals who have been reported for commutation or parole;
(2) The presiding judge announces the members of the collegial panel, prosecutors, representatives of executive organs and other participants in the trial;
(3) The representative of the executing organ reads out the proposal on commutation and parole, and explains the main reasons;
(4) Procurators issue procuratorial opinions;
(5) The court investigates and verifies that the criminals who have been reported for commutation or parole have indeed repented or rendered meritorious service, and other circumstances that affect commutation or parole;
(6) A criminal who has been reported for commutation or parole shall make a final statement;
(7) The presiding judge shall summarize the trial and announce an adjournment for deliberation.
Article 11 During the trial, members of the collegial panel who have doubts about the reasons for the application may ask questions to the criminals, witnesses, representatives of the executive organs and prosecutors who have been applied for commutation or parole.
In the course of the trial, if the procurator has doubts about the reasons for the accusation, he may, with the permission of the presiding judge, present evidence, apply for witnesses to appear in court, ask questions and express his opinions to the criminals and witnesses who have been accused of commutation or parole. A criminal who has been asked for commutation or parole may, with the permission of the presiding judge, present evidence, apply for a witness to appear in court, ask questions and express opinions.
Article 12 During the trial, if the collegial panel has doubts about the evidence and needs investigation and verification, or if the public prosecutor or the representative of the executive organ applies, it may announce an adjournment.
Article 13 of the Provisions on Trial Procedures for Cases of Commutation and Parole: When trying cases of commutation and parole, the people's court shall pronounce a judgment in court; If the sentence cannot be pronounced in court, it can be pronounced at another time.
Article 14 When hearing a case of commutation or parole in writing, the people's court may investigate and verify whether the criminal who has been asked for commutation or parole meets the conditions for commutation or parole, or listen to the opinions of relevant parties.
Fifteenth, the people's court hearing a written case of commutation, can report to the criminal commutation; When hearing a parole case in writing, the paroled criminal shall be arraigned.
Sixteenth, the people's court hearing cases of commutation and parole, should be handled according to the following circumstances:
(1) A criminal who has been reported for commutation or parole shall make a ruling on commutation or parole if he meets the conditions for commutation or parole prescribed by law;
(2) If a criminal who has been reported for commutation meets the conditions for commutation prescribed by law, but the commutation range reported by the executing organ is inappropriate, a ruling on commutation shall be made after the commutation range is adjusted accordingly;
(3) If a criminal who has been reported for commutation or parole does not meet the conditions for commutation or parole prescribed by law, he shall be ruled not to commute or parole.
Before the people's court makes a ruling on commutation or parole, if the executive organ applies in writing to withdraw the recommendation on commutation or parole, whether it is allowed or not shall be decided by the people's court.
Article 17. The written ruling on commutation and parole shall clearly state the facts and reasons of the original judgment and previous commutation, repentance or meritorious service, and the legal basis for commutation and parole.
If the sentence is reduced, the starting and ending time of the sentence shall be indicated; If parole is ruled, the starting and ending time of the probation period for parole shall be indicated.
If an order is made to adjust the range of commutation or not to grant commutation or parole, the reasons shall be explained in the ruling.
Article 18. After the people's court makes a ruling on commutation or parole, it shall serve it on the executing organ, the people's procuratorate at the same level and the criminal himself within seven days. If a parole ruling is made, it shall also be served on community correction institutions or grassroots organizations.
Nineteenth commutation and parole ruling shall be published to the public through the Internet according to law.
Article 20. If the people's procuratorate considers that the people's court's ruling on commutation or parole is improper and puts forward written rectification opinions within the statutory time limit, the people's court shall form a collegial panel to hear the case and make a ruling within one month after receiving the rectification opinions.
Article 21 If the people's court finds that the effective ruling of commutation and parole is indeed wrong, it shall re-form a collegial panel to hear the case and make a ruling according to law; If the people's court at a higher level finds that the ruling on commutation or parole that has taken effect by the people's court at a lower level is indeed wrong, it shall instruct the people's court at a lower level to form a collegial panel for trial, or it may form a collegial panel for trial and make a ruling by itself according to law.
Twenty-second judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Provisions, and these Provisions shall prevail.
Through my introduction to the latest regulations on commutation, I believe you have a new understanding and understanding in this respect. Quanzhou lawyers still remind everyone not to lose their minds on impulse, to avoid bringing misfortune to others, and to avoid ruining their future and going to jail because of impulsive loss of mind.