There is a client consultation: the defendant was sentenced to fixed-term imprisonment of for suspected crimes and is now in a detention center to serve his sentence. Can I still apply for commutation of sentences and parole in the detention center?
Answer: Yes. Compression of sentence and parole are rights granted by law to prisoners. All criminals who meet the statutory conditions can apply for commutation of sentence and parole, and will not lose this right due to different places of prison service.
Generally, after the criminal judgment takes effect, the defendant sentenced to free punishment will be transferred to prison for serving his sentence. Chapter 3, Section 4 of the " Prison Law of the People's Republic of China" specifically stipulates the "compression of sentences and parole" for prisoners in prisons. On October 11, 2014, the Ministry of Justice issued the "Hypermanent Procedures for Requesting for Reduction of Verdicts and Parole in Prisons" with 4 chapters and 22 articles, which detailed the procedures for applying for remission of sentences and parole for prisoners.
However, there are also a few defendants who have short remaining sentences or have other special reasons, and may be kept in detention centers to serve their sentences. The detention center also has corresponding procedures for applying for commutation of sentence and parole. On February 29, 2008, the Ministry of Public Security issued Order No. 98, promulgating the "Management Measures for the Execution of Criminals in the Detention Center for Detention Center ", which will come into effect on July 1, 2008. Afterwards, on October 23, 2013, the Ministry of Public Security issued Order No. 128, revising the Measures and taking effect on November 23 of the same year. This Measures provides detailed provisions on the procedures for applying for commutation of sentences and parole for prisoners who remain in the institute.
Now, based on this method and relevant judicial interpretations, a basic flow chart of handling commutation of sentence and parole in the detention center is drawn for your reference.
