The object of commutation is the criminal who carries out the penalty. This is the fundamental point to distinguish between commutation and sentencing system. If it appears in the stages of investigation, prosecution and trial, it can be used as a sentencing system to give a lighter or mitigated punishment to criminal suspects. In the implementation stage, meritorious service can only be used as a prerequisite for commutation, leading to the result of commutation. 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 the penalty they are sentenced to is freedom, and the degree of freedom depends on the length of the sentence. If there is a time limit, it shall be reduced or exempted within this time limit. If there is no time limit, a fixed term of imprisonment shall be determined through legal procedures. 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. The application for commutation must meet the conditions prescribed by law. In other words, it is possible or necessary to start the commutation procedure only when the criminal has certain behavior stipulated by law. Commutation includes not only the content of substantive law, that is, the application of punishment involving criminal responsibility, but also the content of procedural law, that is, it is handled according to specific procedures.
legal ground
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 he conscientiously abides by prison regulations, receives education and reform, and shows genuine repentance or meritorious service during the execution; 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.