Supreme People's Court Supplemental Provisions on the Specific Application of Law in Handling Cases of Commutations and Parole

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Promulgation Date: 2019-4-24
Title:Supreme People's Court Supplemental Provisions on the Specific Application of Law in Handling Cases of Commutations and Parole
[Document Number]FaShi (2019) No. 6
Expiration date: 
Promulgating Entities:Supreme People's Court
Source of text: People's Court Daily May 31, 2019 Page 3

So as to correctly grasp the criminal policy of blending leniency and severity, to strictly implement the "Supreme People's Court Provisions on the Specific Application of Law in Handling Cases of Commutations and Parole", the following supplementary provisions are hereby made on the commutation or parole of former state employees given punishments for crimes of corruption in accordance with Chapter VIII of the Specific Provisions of the Criminal Law after "Amendment 9 to the Criminal Law of the People's Republic of China" took effect:

Article 1: For those that refuse to admit guilt and repent, or who have the capacity to perform on, but do not perform on, or do not fully perform on, asset-based items in effective rulings, parole is not to be given, and commutation shall not ordinarily be given.

Article 2: Where a sentence of a term of 10 or more years imprisonment is given and the requirements for commutation are met, it may be commuted only after 3 or more years; where a sentence of a term of less than 10 years is given and the requirements for commutation are met, it may be commuted only after 2 or more years.

Where there are truly expressions of repentance and reform or meritorious services, a single commutation is not to exceed 6 months imprisonment; where there are truly expressions of repentance and reform and meritorious service, a single commutation is not to exceed 9 months imprisonment; where there is major meritorious service, a single commutation is not to exceed 1 year imprisonment.

Where a sentence is for a term of 10 or more years imprisonment, commutations are to be separated by 2 years or longer; where a sentence is less than 10 years imprisonment, commutations are to be separated by 1 year and 6 months or longer.

Article 3: Where a sentence is for indefinite detention and the requirements for commutation are met, it may be commuted after 4 years or longer.

Where there is truly expression of repentance or meritorious service, it may be commuted to 23 years of imprisonment; where there is truly expression of repentance and meritorious service, it may be commuted to between 22 to 23 years of imprisonment; where there is major meritorious service, it may be commuted to between 21 to 22 years of imprisonment.

When indefinite detention is commuted to fixed-term imprisonment, and then commuted again, compare article 2 of these Provisions for the range of commutation. Commutations are to be separated by two years or longer.

Article 4: Where, after suspended death sentences are commuted to indefinite detention, they meet the requirements for commutation, they may only be commuted after 4 or more years of enforcement.

Where there is truly expression of repentance or meritorious service, it may be commuted to 25 years of imprisonment; where there is truly expression of repentance and meritorious service, it may be commuted to between 24 to 25 years of imprisonment; where there is major meritorious service, it may be commuted to between 24 to 24 years and 6 months of imprisonment.

When after commutation to fixed-term imprisonment, it is then commuted again, compare article 2 of these Provisions for the range of commutation. Commutations are to be separated by two years or longer.

Article 5: Where a convict has major meritorious service, the restrictions described above on when commutations begin and the period between commutations, might not be applied.

Article 6: When applying parole to the corrupt criminals referred to in these Provisions, it shall be strictly controlled.

Article 7: These Provisions take effect on June 1st, 2019. Where previously promulgated judicial interpretations differ from these Provisions, these Provisions are controlling.

 

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