Criminal cases can still be recovered by the procuratorate. The best time to intervene in criminal cases is the investigation stage, that is, the case is still under investigation by the public security organs, but it does not mean that there is no way out in other stages. In fact, criminal cases are useful before the court decides. The difficulty of knowledge will be different. In this case, you should find a professional criminal defense lawyer to intervene. In the stage of examination and prosecution, you can apply for an opinion not to prosecute, which depends on whether the examination opinion of the procuratorate on the evidence submitted by the public security organ meets the proof standard of prosecution.
Conditions and limitations of commutation
The conditions for commutation mainly include: preventing others from engaging in major criminal activities; Reporting major criminal activities inside and outside the prison, which is verified; There are inventions or major technological innovations; Sacrifice oneself to save others in daily production and life; Outstanding performance in resisting natural disasters or eliminating major accidents.
Limit of commutation: those sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence; If a person is sentenced to life imprisonment, the sentence actually executed after commutation shall not be less than thirteen years; If a criminal whose death sentence is suspended is commuted to life imprisonment according to law after the expiration of probation, the actual sentence executed after commutation shall not be less than 25 years, and if it is commuted to 25 years after the expiration of probation, it shall not be less than 20 years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 169 of the Criminal Procedure Law of People's Republic of China (PRC).
All cases requiring public prosecution shall be examined and decided by the people's procuratorate.
Article 170
The people's procuratorate shall, in accordance with the relevant provisions of this law and the supervision law, examine the cases transferred by the supervision organs for prosecution. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.
The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period when the people's procuratorate decides to take compulsory measures shall not be counted in the period of examination and prosecution.