The Supreme Law: reprieve commutation after the penalty term of not less than 15 years

Commutation system emergency regulations excessive reprieve sentence

jinghuashibao· 2016-11-16 08:41:06

JINGWAH

Times News (reporter Wang Xiaofei) yesterday, the Supreme People's Court promulgated "on the handling of the commutation and parole case concrete application law regulations" (hereinafter referred to as the "Regulations"), clearly only a positive transformation, outstanding performance to commutation and parole; at the same time, the "provision" for the crime, financial crime, underworld crime the criminals in the entity condition from the starting time, the commutation interval, the amplitude of the commutation have made strict provisions. If sentenced to death row criminals after one or several times after the commutation, the actual execution of a sentence of not less than fifteen years. The judicial interpretation will come into effect on January 1, 2017.

change 17 modify delete 6

the Supreme People's court trial supervision tribunal presiding judge Xia Daohu said that the introduction of the "Regulations" on July 2012 implementation of the "Supreme People's Court on handling commutation, parole cases several issues of specific application of law" provisions of the revised and improved. The revised "Regulations" in 2012 29 provisions on the amended provisions 17, with 2 clauses, delete (procedural) 6 Provisions, the new provisions of Article 20, retained 3, a total of up to 42. The reason is because of changes in previous years, commutation, parole, temporary probation work exposed some problems, especially the "right people" "the rich" after being sentenced, the commutation is relatively fast, parole and probation temporarily to a high proportion of the actual prison time is short, individual cases for violation of law and judicial interpretation of the provisions, or even hidden favoritism, money, of justice and judicial credibility of the huge damage, causing adverse effects.

the introduction of the new "Regulations" is to further unify from the entity of commutation and parole case handling ideas, referee scale and standards of law enforcement, to further implement the central deployment on the strict norms commutation, parole work.

three class criminals commutation strict

"Regulations" to refine the "criminal law amendment (nine)" related to commutation, parole of the new provisions. This amendment in the first article that the provisions of the commutation, parole is to encourage the reform of the penal system". Criminals only active transformation, excellent performance, in order to get commutation, parole. The provisions of the new provisions of the decision to determine the life imprisonment of corruption, bribery, no longer commutation, parole.

the Supreme Court responsible person, the provisions of the central political and Law Commission to strictly regulate the commutation, parole involves three types of criminals, the duty crime, financial crime, criminal criminal underworld crime criminals in the entity condition from the starting time, the commutation interval, the amplitude of the commutation are made strict regulations.

from the entity to solve the "rich people" "right" commutation too fast, parole and temporary probation execution of higher proportion of actual execution short problems, such as the judicial interpretation of the provisions of, sentenced to life imprisonment for crimes criminals, in accordance with the commutation conditions, implementation of more than three years before commutation, commutation should be strictly controlled, after the commutation sentence of not less than 20 years imprisonment, commuted to a fixed-term imprisonment after commutation, a time not more than 1 years imprisonment, commuted again between 2 years interval should be.

of the crimes criminals sentenced to death, commuted to life imprisonment, with the commutation conditions, implementation of more than three years shall be commuted, generally reduced to 25 years imprisonment, meritorious service or major meritorious service, can be reduced to 23 years more than 25 years of fixed-term imprisonment, commuted to a prison after commutation, a time not more than 1 years imprisonment, commuted again between 2 years interval should be. In addition, the "provision" clearly commuted reprieve of not less than fifteen years after the actual execution.

to promote the expansion of the scope of application of

from the judicial practice, the parole system reform effect better than the commutation, parole criminals to lower the rate of crime. Currently the world is a universal trend in the application of parole, but in the long term since the commutation of the application of the absolute advantage, the value of the parole system has failed to effectively play the function.

Xia Daohu said that at present, China's community correction system has become increasingly sound, has been equipped with more applicable conditions of parole. The judicial interpretation is to advocate the expansion of parole, embodied in two aspects: one is for those who also have statutory commutation conditions and meet the conditions of parole legal advocacy, give priority to apply for parole; two is the specific criminal, in the application of parole according to law from wide master, which is mainly reflected in the two criminals. One kind is the "criminal law" provisions of the social harm is not large, relatively less crime criminals, such as coercion, defense, and emergency, such as the emergency, when light criminal. For this type of criminals, the judicial interpretation of the provisions in the law, the provisions of the premise, can be properly grasp more lenient parole.

second is out of humanitarian considerations, on juvenile offenders, elderly criminals, criminals suffering from the disease or disability in criminal parole are considered appropriate leniently. Especially for more than 80 years of age the criminals, no harm to society, life is difficult to take care of themselves, but also suffering from the disease, to master the application of parole on leniency in.

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