Yixing dingshan prison, can I get a commutation and parole if I have a criminal record? He was sentenced to 1.5 years for arson four years ago, and was sentenced to three years for fighting last year.

Yixing dingshan prison, can I get a commutation and parole if I have a criminal record? He was sentenced to 1.5 years for arson four years ago, and was sentenced to three years for fighting last year. Is there any chance of commutation? 1, regardless of criminal record, as long as you behave well, you have the opportunity to reduce your sentence.

2. Whether parole can be granted depends on whether it constitutes recidivism. This point should be clearly stated in last year's judgment. If it is a fire crime four years ago, because it is a negligent crime, it does not constitute a recidivist and can be released on parole. If it is arson, because it is a deliberate crime, it constitutes a recidivist and cannot be released on parole.

Attachment: Relevant provisions of the Criminal Law

(recidivist)

Article 65 A criminal sentenced to more than fixed-term imprisonment who commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.

(commutation)

Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the execution period, he earnestly abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service; 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.

After commutation, the actual sentence shall not be less than the following period:

"(a) was sentenced to public surveillance, criminal detention, fixed-term imprisonment, for more than half of the original sentence;

. . .

Article 79 For commutation of a prisoner, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. When trying a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall make a ruling to reduce the sentence. Without legal procedures, the sentence may not be reduced.

(Parole)

Article 81 A criminal sentenced to fixed-term imprisonment shall execute more than half of the original sentence. . . If you seriously abide by the prison regulations, accept education and reform, do show repentance, and there is no danger of recidivism, you can be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.

"Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole.

"When a criminal decides to be released on parole, he should consider the impact on the community where he lives after parole."

Article 82 Parole of a prisoner shall be conducted in accordance with the procedures stipulated in Article 79 of this Law. No parole shall be granted without legal procedures.

Article 83 The probation period of fixed-term imprisonment and parole is limited to the term that has not been executed; The probation period of parole for life imprisonment is limited to ten years.

The probation period of parole shall be counted from the date of parole.