(adopted at the the Supreme People's Court Judicial Committee's 1 693rd meeting on September 19, 2065438, and implemented on October/0/20 17).
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.
Article 1 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.
Article 2 When handling a case in which a criminal meets the conditions of "commutation" stipulated in the first paragraph of Article 78 of the Criminal Law, factors such as the nature and specific circumstances of the crime committed by the criminal, the degree of social harm, the performance of the original judgment and the property judgment in the effective judgment, and the consistent performance after delivery shall be comprehensively investigated.
Article 3 "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 Under 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 "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.
The following is omitted.
Extended data:
After the death sentence is commuted to life imprisonment, the sentence may not be commuted within five years.
2065438+In August 2005, the Criminal Law Amendment (IX) deliberated and passed by the National People's Congress Standing Committee (NPCSC) stipulated that the people's court may, according to the circumstances of the crime, decide to sentence a criminal sentenced to death with a suspension of execution for corruption and bribery to life imprisonment at the same time after the expiration of the two-year suspension of execution, without commutation or parole;
At the same time, it is also stipulated that if a criminal sentenced to a suspended execution intentionally commits a crime and fails to execute the death penalty during the suspended execution period, the death penalty shall be recalculated during the suspended execution period and reported to the Supreme People's Court for the record. These provisions need to be further clarified and refined through judicial interpretation.
The "Regulations" add provisions that criminals who commit corruption and bribery and decide to be sentenced to life imprisonment shall not be commuted or released on parole. For criminals who intentionally commit crimes within the probation period of probation, but the circumstances have not yet reached a bad level and do not execute the death penalty, while clarifying the recalculation of the probation period of probation, the strict regulation that "after being reduced to life imprisonment, the sentence cannot be reduced within five years" has been added.
The "Regulations" make it clear that criminals who do not actively return stolen goods, do not assist in recovering stolen money, do not compensate for losses, or use improper means such as personal influence and social relations to obtain commutation or parole are not considered as "true repentance".
Parole can only be granted if the death sentence is suspended or commuted and the actual execution is more than 15 years.
The provisions on commutation and parole in China's criminal law and criminal procedure law are too principled, and the practical problems are mainly refined and clarified through judicial interpretation at present. In recent years, the average number of cases of commutation and parole in China is about 600,000 per year. In the judicial practice of commutation and parole, there are many universal problems that need to be studied and solved urgently.
For example, how to define the nature of commutation and parole, how to scientifically set the starting time, interval and range of commutation, how to ensure the best execution effect of punishment, how to apply commutation and parole in a balanced way, how to give full play to the function of parole, and how to improve the relevant mechanism between property judgment execution and commutation and parole. It is a strong voice all over the country to unify and standardize these issues, and it is also an urgent need to further unify the concept and standards of commutation and parole handling and ensure fairness and justice in handling cases.
The "Regulations" make it clear that criminals sentenced to death with a suspended execution can only be released on parole if they are commuted to life imprisonment or fixed-term imprisonment and have actually been executed for more than 15 years. The actual execution time shall be counted from the date when the death penalty is suspended.