Analysis conditions for commutation

Commutation, is due to be sentenced to control, Criminal detention, fixed-term imprisonment or life imprisonment for Criminal elements in the implementation of true repentance or performs meritorious service, and thus an appropriate system to reduce the original sentence.

Reduce the original sentence has two meanings: First, the heavier the original sentence was reduced to lesser punishment kinds of Criminal types. If the sentence reduced to life imprisonment, but the prison can not be reduced to Criminal detention or control, and second, to original sentence was reduced to a shorter prison term longer sentences, about imprisonment, Criminal detention, control of the sentence shortened.

Seventy-eighth under the Criminal Law Article, criminals to be commuted, must meet the following conditions:
(The object of a sentence, is sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment for criminals.

Only the application of commutation restricting the types of penalties, not criminal in nature and sin in the form of restrictions. The general criminal offenders can be sentenced to a remission of the criminals that endanger national security may reduce the sentence, may reduce the sentence delinquents, intentional offender can also be commuted. Suspended death sentence is special provisions in accordance with the Law on schedule, and is a special nature of the commutation of sentence, remission system does not belong to the scope of criminal Law. in accordance with the provisions of the Criminal Code second paragraph of Article Fifty-seventh, for stay of execution or life imprisonment is commuted to a prison term, and should also deprivation of political rights is attached to three to ten years period. KINDS OF PUNISHMENT principal punishments such as changes in the nature of special provisions in accordance with the Law changes on the supplementary punishment sentence does not belong to the scope of remission system.

(Ii period in the implementation of criminal penalties for true repentance or performs meritorious service
This is decisive for the real conditions of remission. Criminal Law Article of the commutation seventy-eighth, there are two conditions: one is "serious compliance with prison regulations, to reform, the performance of true repentance, or have rendered meritorious service, be commuted." repentance or performs meritorious service as long as one has to be commuted. true repentance is also the case with the following four aspects: pleaded guilty to seriously comply with prison regulations, access to education reform, and actively pArticipate in the political, cultural, technological learning, and actively pArticipate in work to complete production tasks. meritorious services is one of the following circumstances: exposing the criminal activities within and outside the prison, or provide important clues to solve the case, that can be verified, to prevent others from criminal activities, in life, Research conducted outstanding achievements in technological innovation, and in disaster relief or exclude a positive performance in a major accident, there are other national and social interests in favor of the outstanding deeds.

Repentance or performs meritorious service with the above, only "may reduce the sentence," that is consistent with mitigating conditions, but is to be commuted, according to the criminal elements will have to repent comprehensive appraisal of the extent and size of meritorious service, a comprehensive inspection after the decision.

The other is a major meritorious service, should be reduced. Criminal ���� eighteen pairs listed six major meritorious service provision, namely: to prevent others from significant criminal activity, major criminal activities outside the prison have been confirmed to be true, there are major technological inventions or innovations, and in everyday life and production in the self-sacrifice, in fighting against natural disasters or major accidents, there are outstanding performances on the nation and society have a significant contribution. this one, as long as criminals performance with one of the six provisions, it must be commuted. reposted elsewhere in the Research Papers Download http://www.hi138.com