A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment in accordance with Article 78 of the Criminal Law may have his sentence reduced if he earnestly abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution period; 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.
If the sentence actually executed after commutation is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence; Those sentenced to life imprisonment shall not be less than ten years.
Extended data:
Article 45 of the Criminal Law stipulates that, except as stipulated in Articles 50 and 69 of this Law, it is six months to fifteen years.
First, according to Article 50 of the Criminal Law and Article 4 of the Criminal Law Amendment (8), if there is no intentional crime during the suspended execution of the death penalty, it will be reduced to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and verified, the Supreme People's Court will approve the execution of the death penalty.
Second, according to the provisions of Article 69 of the Criminal Law Amendment (8), if a person commits several crimes before the judgment is pronounced, in addition to the death penalty and life imprisonment, among several prison terms, the execution period shall be decided as appropriate, but the maximum period of control shall not exceed three years and the maximum period of criminal detention shall not exceed one year.
If the cumulative fixed-term imprisonment is less than 35 years, the maximum is not more than 20 years, and if the cumulative fixed-term imprisonment is more than 35 years, the maximum is not more than 25 years. "If several crimes are combined, the additional punishment shall still be executed. If the types of additional punishments are the same, they shall be executed jointly and separately. "
In addition, according to Article 7 1 of the Criminal Law, if a criminal commits a new crime while serving his sentence, the penalty that should be executed is determined on the basis of the penalty that the previous crime has not been fully executed, and the actually executed sentence may exceed 15 years or even reach 25 years.
The term of fixed-term imprisonment shall be counted from the date of execution as stipulated in the Criminal Law; If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. The so-called "judgment execution date" refers to the date when the people's court issued the notice of execution.
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