Should commutation be based on the number of patents?

commutation may be based on the number of invention patents. After commutation of public surveillance, criminal detention or fixed-term imprisonment, the actual sentence executed cannot be less than half of the original sentence, and after commutation of life imprisonment, the actual sentence executed cannot be less than 13 years.

Legal basis

Article 78 of the Criminal Law

A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he conscientiously abides by the prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution period; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: < P > (1) Those who have prevented others from committing major criminal activities;

(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;

(3) there are inventions or major technological innovations.

The actual term of imprisonment after commutation shall not be less than the following period:

(1) If the sentence is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence;

(2) Life imprisonment shall not be less than 13 years;

(3) if a criminal whose death sentence is commuted by the people's court according to the provisions of paragraph 2 of Article 5 of this Law is commuted to life imprisonment after the expiration of the suspension period, it shall not be less than 25 years, and if it is commuted to 25 years' imprisonment after the expiration of the suspension period, it shall not be less than 2 years.