What are the detailed provisions of the commutation policy of the new criminal law?

Commutation of sentences for criminals with fixed-term imprisonment is essentially an incentive measure, and it is also hoped that the parties concerned can cherish their lives after they get out of prison. Through this practice of the state, we can have a more comprehensive understanding of the legal system in China, but commutation is also a major event. Perhaps many people have never carefully understood the detailed provisions of the commutation policy of the new criminal law. What are the detailed provisions of the commutation policy of the new criminal law? In order to further standardize the trial procedures of commutation and parole cases, and ensure the legality and fairness of the trial of commutation and parole cases, these Provisions are formulated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), and combined with the actual work of trial of commutation and parole cases. (1) The Higher People's Court of the place where the prisoner served his sentence shall make a ruling on the commutation of the sentence of the prisoner sentenced to a suspended execution within one month after receiving the recommendation for commutation approved by the prison administration organ at the same level; (2) The commutation or parole of a prisoner sentenced to life imprisonment shall be decided by the Higher People's Court of the place where the prisoner served his sentence within one month after receiving the recommendation for commutation or parole approved by the prison administration organ at the same level. If the case is complicated or special, it can be extended for one month; (3) The commutation or parole of a criminal sentenced to fixed-term imprisonment or commuted to fixed-term imprisonment shall be ruled by the intermediate people's court in the place where the criminal served his sentence within one month after receiving the recommendation of commutation or parole from the executing organ, and the case may be extended for one month if the case is complicated or special; (4) The commutation of a criminal sentenced to criminal detention or public surveillance shall be decided by the intermediate people's court in the place where the criminal served his sentence within one month after receiving the recommendation for commutation or parole approved by the executing organ at the same level. For criminals who are temporarily executed outside prison, the relevant provisions of the preceding paragraph shall apply to the commutation of their sentences according to the circumstances. Article 2 When accepting a case of commutation or parole, the people's court shall examine the following materials transferred by the executing organ: (1) a proposal for commutation or parole; (2) Copies of the judgment documents, enforcement notices and previous commutation rulings of the Court of Final Appeal; (three) written proof of the specific facts of the criminal's repentance or meritorious service; (four) criminal identification form, reward and punishment approval form; (five) other materials that should be transferred according to the needs of the case. When submitting an application for parole, it shall be accompanied by an investigation and evaluation report of the community correction institution or grass-roots organization on the influence of parole on the criminal's community. If the people's procuratorate puts forward procuratorial opinions on commutation and parole cases, the executing organ shall transfer them to the people's court that accepts the commutation and parole cases. Upon examination, if the materials are complete, it shall be put on file; If the materials are not uniform, it shall notify the executing organ to make corrections within three days. If the materials are not completed within the time limit, the case will not be filed. Article 3 When trying a case of commutation or parole, the people's court shall, within five days after placing the case on file, publicize the proposal for commutation or parole and other materials submitted by the executing organ to the public according to law. The contents of the publicity shall include the personal information of the prisoner, the charges and sentences determined in the original judgment, the previous commutation of the prisoner's sentence, the suggestions and basis of the executing organ, etc. Publicity shall specify the time limit for publicity and the way to put forward opinions. The publicity period is five days. Article 4 The people's courts shall hear cases of commutation and parole by judges or collegiate panels composed of judges and people's jurors according to law. Article 5 When trying cases of commutation and parole, the people's courts should not only examine the consistent performance of criminals during the execution period, but also comprehensively consider the specific circumstances of the crime, the execution of the original judgment, the execution of the property penalty, the execution of the incidental civil judgment, and the return of stolen goods and compensation by criminals. When trying a parole case, the people's court should not only examine the circumstances listed in the first paragraph, but also comprehensively consider the factors that affect the recidivism, such as age, physical condition, personality characteristics, source of life after parole and supervision conditions. If the executing organ puts forward a proposal for commutation on the grounds that a criminal has rendered meritorious service or significant meritorious service, it shall examine whether the meritorious service or significant meritorious service is true. Where inventions, technological innovations or other contributions are involved, it shall be examined whether the achievements were independently completed by criminals during the execution period and confirmed by the relevant competent authorities. Article 6 The people's courts may hear cases of commutation or parole in court or in writing. However, the following cases of commutation and parole shall be heard in court: (1) the commutation of sentence is requested because of the criminal's significant meritorious service; (2) The starting time, interval or commutation range of the application for commutation do not conform to the general provisions of judicial interpretation; Received different opinions during the publicity period; (4) The people's procuratorate has objections; (5) The criminals who have been requested for commutation or parole are duty criminals, who organize (lead, participate in, cover up and connive at) criminals of underworld nature, criminals who disrupt the order of financial management, criminals who commit financial fraud and other criminals who have great influence in society or are highly concerned by society; (6) Other cases that the people's court thinks should be heard in court. Article 7 When trying a case of commutation or parole, the people's court shall notify the people's procuratorate, the executing organ and the criminal whose commutation or parole has been requested to attend the trial. The people's court may, when necessary, notify witnesses who prove that the criminal has indeed shown repentance or rendered meritorious service, people who put forward different opinions during the publicity period, appraisers, translators and other personnel to participate in the trial. Article 8 The trial shall be held at the place where the criminal executes the punishment or the place determined by the people's court. Conditional people's courts may hold hearings by video. If a criminal who executes a penalty in the community has his sentence reduced because of his significant meritorious service, the court session may be held at the place where the criminal served his sentence or his residence. Article 9 The people's court shall notify the people's procuratorate, the executing organ, the criminals who have been sentenced to commutation or parole and other persons who need to appear in court three days before the court session, and make an announcement three days before the court session. Article 10 The trial of a case of commutation or parole shall be presided over by the presiding judge, and shall be conducted according to the following procedures: (1) The presiding judge announces the opening of a court session to verify the basic information of the criminals who have been requested for commutation or parole; (2) The presiding judge announces the members of the collegial panel, prosecutors, representatives of executive organs and other participants in the trial; (3) The representative of the executive organ reads out the proposal for commutation and parole, and explains the main reasons; (four) the prosecutor issued a procuratorial opinion; (5) After investigation and verification by the court, the criminal who has been asked for commutation or parole has indeed repented or rendered meritorious service, as well as other circumstances that affect commutation or parole; (6) A criminal whose sentence is reduced or released on parole shall make a final statement; (7) The presiding judge shall summarize the trial and announce an adjournment for deliberation. Article 11 During the trial, members of the collegial panel who have doubts about the reasons for the application may ask questions to the criminals, witnesses, representatives of the executive organs and prosecutors who have been asked for commutation or parole. During the trial, if the prosecutor has doubts about the reasons for reporting, he may, with the permission of the presiding judge, present evidence, apply for witnesses to appear in court, ask questions and express opinions to the criminals and witnesses who have been reported for commutation or parole. If a criminal who has been reported for commutation or parole has doubts about the reasons for reporting, he may, with the permission of the presiding judge, present evidence, apply for a witness to appear in court, ask questions to the witness and express his opinions. Article 12 During the trial, if the collegial panel has doubts about the evidence and needs investigation and verification, or if the procurator or the representative of the executive organ applies, it may announce an adjournment. Article 13 When a people's court hears a case of commutation or parole, if it can pronounce a sentence in court, it shall pronounce a sentence in court; If the sentence cannot be pronounced in court, it can be pronounced at other times. Article 14 When hearing a case of commutation or parole in writing, the people's court may investigate and verify whether the criminal who has been asked for commutation or parole meets the conditions for commutation or parole or listen to the opinions of relevant parties. Article 15 When trying a case of commutation in writing, the people's court may interrogate the criminal whose commutation has been requested. When hearing a parole case in writing, the offender who has been applied for parole shall be arraigned. Article 16 The people's court shall handle cases of commutation and parole respectively according to the following circumstances: (1) If a criminal who has been requested for commutation or parole meets the conditions for commutation and parole stipulated by law, he shall be ordered to commute or parole; (2) If a criminal who has been reported for commutation meets the conditions for commutation prescribed by law, but the commutation range reported by the executing organ is not appropriate, he shall make a ruling on commutation after adjusting the commutation range accordingly; (3) If a criminal who has been requested for commutation or parole does not meet the conditions for commutation or parole prescribed by law, he shall be ruled not to commute or parole. Before the people's court makes a ruling on commutation or parole, if the executive organ applies in writing to withdraw the recommendation on commutation or parole, whether it is allowed or not shall be decided by the people's court. Article 17 A written ruling on commutation or parole shall specify the original judgment of the prisoner and the previous commutation, as well as the facts and reasons for repentance or meritorious service, and the legal basis for commutation or parole. If the sentence is reduced, the starting and ending time of the sentence shall be indicated; If parole is ruled, the starting and ending time of the probation period for parole shall be indicated. If an order is made to adjust the range of commutation or not to grant commutation or parole, the reasons shall be explained in the ruling. Article 18 After the people's court has ruled on commutation or parole, it shall serve it on the executing organ, the people's procuratorate at the same level and the criminal himself within seven days. If a parole ruling is made, it shall also be served on community correction institutions or grassroots organizations. Article 19 The ruling on commutation and parole shall be announced to the public according to law through the Internet. Article 20 If the people's procuratorate considers that the ruling of commutation or parole made by the people's court is improper and puts forward written rectification opinions within the statutory time limit, the people's court shall form a collegial panel to hear the case after receiving the rectification opinions and make a ruling within one month. Article 21 If the people's court finds that the ruling on commutation or parole that has come into effect is indeed wrong, it shall form a collegial panel to hear and make a ruling according to law; If the people's court at a higher level finds that the ruling on commutation or parole that has taken effect by the people's court at a lower level is indeed wrong, it shall instruct the people's court at a lower level to form a collegial panel for trial, or it may form a collegial panel for trial and make a ruling by itself according to law. Article 22 Where the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Provisions, these Provisions shall prevail. Time limit and so on are very clearly defined, because of course, commutation requires various assessments of prisoners during their detention. Generally, the public security organ first puts forward a proposal for commutation, and after reporting to the relevant department at the next higher level for approval, the party concerned will be commuted. Moreover, some prisoners with particularly bad crimes have no chance to reduce their sentences anyway.