But the actual situation is definitely different. The following factors will be released in advance:
1. From the date of judgment, the previous detention time in the detention center will be reduced to fixed-term imprisonment.
The law provides that:
Article 41 of the Criminal Law shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment.
Article 44 The term of criminal detention and the term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
Article 47 Fixed-term imprisonment and fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
Article 51 The time limit for suspension of execution of a death sentence and commutation to fixed-term imprisonment shall be counted from the date when the judgment is finalized. Sentences commuted with a suspension of execution of death penalty shall be counted from the date when the suspension of execution of death penalty expires.
2. Commute the sentence.
3. Meet the conditions for parole.
Extended data:
Provisions of the Supreme People's Court Municipality on the Specific Application of Laws in Handling Cases of Commutation and Parole.
(adopted at the 1 693rd meeting of the Supreme People's Court Judicial Committee on September 9, 2065, and shall come into force on October 0, 20651day).
In order to ensure the fair handling of commutation and parole cases in accordance with the law, these Provisions are formulated in accordance with the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC) and other legal provisions, combined with judicial practice.
Rule number one Commutation and parole are penal systems that encourage criminals to reform. The application of commutation and parole should implement the criminal policy of combining leniency with severity, give full play to the function of punishment and realize the purpose of punishment.
Rule number two For cases where criminals meet the conditions of "commutation" stipulated in the first paragraph of Article 78 of the Criminal Law, we should comprehensively investigate the criminal nature and specific circumstances, the degree of social harm, the performance of the original judgment and property judgment in the effective judgment, and the consistent performance after delivery.
Rule three. "True repentance" means meeting the following conditions at the same time:
(1) Plead guilty and repent;
(2) Abide by laws, regulations and regulatory provisions, and receive education and reform;
(three) actively participate in ideological, cultural and vocational and technical education;
(four) actively participate in labor, and strive to complete the task of labor.
Criminals who take advantage of their positions to commit crimes of disrupting financial management order, financial fraud and organizing (leading, participating, shielding and conniving) organized crimes of a triad nature do not actively return stolen goods, assist in recovering stolen money and compensation for losses, or obtain commutation or parole by improper means such as personal influence and social relations, etc., are not considered as "truly repentant".
The criminal's right to appeal in the process of penalty execution should be protected according to law, and his legal appeal can't be regarded as not pleading guilty and not repenting without analysis.
Article 4? In any of the following circumstances, it can be recognized as "meritorious service":
(a) to prevent others from criminal activities;
(two) to report and expose criminal activities inside and outside the prison, or to provide important clues to solve the case, which is verified by investigation;
(3) Assisting judicial organs in arresting other criminal suspects;
(4) Having made outstanding achievements in production technology innovation and scientific research;
(5) Having rendered meritorious service in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
The technological innovation or other significant contributions mentioned in items (4) and (6) shall be independently or mainly completed by criminals in the process of penalty execution, and confirmed by the provincial competent department.
Article 5? Under any of the following circumstances, it shall be deemed as "having made significant meritorious service":
(a) to prevent others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(3) Assisting judicial organs in arresting other major criminal suspects;
(four) there are inventions or major technological innovations;
(5) sacrificing oneself to save others in daily production and life;
(six) outstanding performance in resisting natural disasters or eliminating major accidents;
(seven) other significant contributions to the country and society.
The invention-creation or major technological innovation mentioned in Item (4) shall be an invention patent independently or mainly completed by the criminal during the execution of the penalty and confirmed by the competent department of the state, excluding utility model patents and design patents; Other significant contributions mentioned in Item (7) shall be made by criminals independently or mainly during the execution of punishment, and confirmed by the competent state department.
China travel. Com- the latest regulations on commutation and parole