How many months does the prison reduce its sentence every year?

For prisoners in prison, it is the most important thing they want to do every day to announce their commutation and get bail pending trial. Of course, this does not mean that they can apply for commutation 365 days a year, which not only needs to meet the statutory conditions stipulated by law, but also has a specific time period. So when does the prison announce the commutation every year? I sorted out the relevant contents, hoping to help you.

1. How many months does the prison reduce its sentence every year?

1, under normal circumstances, there are three batches of commutation in a year, in March, July and 1 1 month respectively. Some places have four commutation opportunities a year. Individual provinces six times a year, or even once a month. If the sentence is commuted three times a year, the time in different prisons is different. Family members will not be told that the commutation was successful, but the prisoner himself will be told.

However, people who commute the remaining sentence will know the news in advance and will use their home phone to inform their families to commute their sentences. It is generally decided according to the prisoner's confession and repentance in prison. The prison will make an opinion and report it to the court at the same level for commutation. At the same time, the procuratorate has the right to supervise the commutation proposal. Generally, each commutation is reduced by one year, those who have rendered meritorious service are reduced by two years, and those who have made outstanding meritorious service are reduced by three years. If a person is sentenced to more than five years' imprisonment, his sentence can only be commuted for the first time after one and a half years' execution, and the interval between two commutes shall not be less than two years.

Criminal law of the people's Republic of China

Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the execution period, he earnestly abides by prison regulations, receives education and reform, 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 and to fixed-term imprisonment of 25 years, but less than 20 years.

Article 79 The executing organ shall make suggestions to the people's court at or above the intermediate level on the procedure of commutation of a prisoner's sentence. When trying a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall make a ruling to reduce the sentence. Without legal procedures, the sentence may not be reduced.

Second, what are the characteristics of commutation?

Commutation has the following five characteristics:

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 all the sentences they are sentenced to are free, and the severity of free punishment is determined by the length of the sentence. If there is a time limit, the tax shall be reduced or exempted within this time limit. If there is no time limit, the sentence will be determined 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. In other words, it is possible or necessary to start the commutation procedure when the criminal has some behavior stipulated 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.

In fact, from the above analysis, we can see that our country's laws do not stipulate the time for collective declaration of commutation, but in practice, the declaration of commutation will be made in March, July, 165438+ 10, and some prisons declare more. If you want to reduce your sentence, you can contact a lawyer.