Edit / Yang Qin
typesetting / Xiaojing
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Introduction For criminals sentenced to prison, they have a strong desire to regain freedom in prison. The law also stipulates a parole and commutation system, which can also help criminals get out of prison as soon as possible. So under what circumstances can a commutation of sentence or parole be issued?
- applicable conditions for parole
According to Article 81 of the " Criminal Law ", criminals sentenced to fixed-term imprisonment , who are sentenced to life imprisonment , who are sentenced to life imprisonment , may be released on parole if they are seriously abide by the prison rules, receive education and reform, and do show repentance, and there is no risk of reoffending, they may be released on parole. If there are special circumstances, the above-mentioned sentence period may not be subject to the above-mentioned restrictions on execution of the sentence after approval by the Supreme People's Court. The provisions of the precedent mainly reflect three aspects:
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One of them, only criminals sentenced to fixed-term imprisonment and life imprisonment can be released on parole, and certain execution sentence conditions must be met.
According to regulations, the following objects are not allowed to be parole:
first, recidivist;
second, criminals sentenced to more than ten years in prison and life imprisonment for intentional homicide, rape, robbery, kidnapping, setting fire, explosion, disposal of dangerous substances or organized violent crimes.
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Second, strictly abide by the prison rules, receive education and transformation, and show repentance, and there is no danger of reoffending.
So how to determine whether the criminal has shown repentance?
If criminals have the following four situations at the same time, they should be considered to be "repentant":
(1) confess their guilt and punish them;
(2) Abide by criminal reform codes and prison discipline;
(3) Actively participate in political, cultural and technical learning;
(4) Actively participate in labor, care for public property, and complete labor tasks.
Handling parole cases and determining that "there is no danger of re-offending" should be considered based on the specific circumstances of the crime, the original sentence, the consistent performance in the execution of the punishment, the age, physical condition, personality characteristics of the criminal, the source of living after parole, and the regulatory conditions.
2 applicable conditions for commutation of sentence?
According to Article 78 of the Criminal Law, criminals sentenced to control, detention, fixed-term imprisonment, and life imprisonment, if they seriously abide by the prison rules, receive education and transformation, have shown repentance, or have meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious meritorious merit Criminal activities are verified to be true;
(III) There are inventions or major technological innovations;
(IV) Sacrifice yourself to save others in daily production and life;
(V) There are outstanding performances in resisting natural disasters or excluding major accidents;
(V) There are other significant contributions to the country and society.
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