Legal basis: A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment in Article 78 of the Criminal Law of People's Republic of China (PRC) may have his sentence reduced if he consciously abides by prison regulations, accepts education and reform, and 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: (1) preventing 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. 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; (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 5 of the Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole shall be deemed as "having made significant meritorious service" under any of the following circumstances:
(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.
Article 18 of the Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Cases of Commutation and Parole generally does not apply to criminals who have been sentenced to criminal detention or fixed-term imprisonment of less than three years and have been declared suspended.
If a criminal specified in the preceding paragraph has made significant meritorious service during the probation period of probation, his sentence may be reduced with reference to the provisions of Article 78 of the Criminal Law, and the probation period of probation shall be shortened according to law. After commutation, the probation period of criminal detention shall not be less than two months, and the probation period of fixed-term imprisonment shall not be less than one year.