What can you do as a family member to help with commutation and parole?

Mondo Social Updated on 2024-01-28

As family members, in the face of our loved ones being imprisoned, in addition to caring about their physical health, we are most concerned about when they will be able to return home. The conditions for commutation and parole vary from region to region and case to case, leaving many families confused and anxious. It may not be helpful to know the commutation and parole policies in prisons in other regions, as policies vary widely from region to region and should be subject to the implementation rules of the family's custodial unit.

In fact, inmates on high walls must have many more opportunities to learn about commutation and parole than their families outside. There will also be a police officer in charge to explain, and the inmates will also plan their own prison life according to their own circumstances, and what they can do as a family member is to actively cooperate and understand the specific details and requirements of commutation and parole.

Commutation and parole clearly stipulate in the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the Prison Law of the People's Republic of China that convicts sentenced to life imprisonment or fixed-term imprisonment may have their sentences commuted if they conscientiously abide by prison rules, receive education and reform, and truly repent and reform or make meritorious contributions during their sentencesand where there is major meritorious service, the sentence shall be commuted.

Of these, confession and repentance are the most common and easily achievable conditions.

Before sentencing, inmates usually sign a plea of guilt and acceptance of punishment, which is a sign of confession of guilt and remorse.

In addition to fixed-term imprisonment, there are other supplementary punishments, such as "civil compensation", "illegal gains", "fines", etc., and whether these additional sentences are actively fulfilled is also a very important assessment criterion in commutation and parole.

So because of the poor family conditions, you can only give up the supplementary sentence, so as to lose the opportunity to reduce the sentence and parole?

Not really

Article 53 of the Criminal Law stipulates that fines shall be paid in a lump sum or in installments within the time limit specified in the judgment. If the payment is not made at the expiration of the time limit, the payment shall be compulsory. Where the fine cannot be paid in full, the people's court shall recover it at any time if it discovers that the person subject to enforcement has property that can be enforced. Where there is genuine difficulty in making payments due to irresistible disasters or other reasons, upon the people's court's ruling, payment may be postponed, reduced or waived as appropriate.

Although the law stipulates that the people's court shall at any time recover the enforceable property of the person subject to enforcement. However, for the person subject to enforcement who truly has difficulty in making payment, upon the people's court's ruling, the payment may be postponed, and the fine may be reduced or waived as appropriate.

In cases where there is a problem in the payment of fines in criminal cases, where there is genuine hardship, the village committee, neighborhood, or other unit for the area of household registration may apply to the court for a reduction or waiver of the fine by issuing a certificate of income hardship or a certificate of family hardship. This may be the most effective way for a loved one who is behind bars to help a loved one who is behind bars.

However, it is worth noting that the consumption and account status of the inmates are also important reference criteria for judging whether they are able to pay the fines, so the families of inmates who fail to pay the fines in time and want to apply for commutation of their sentences should remind the inmates to strictly control their consumption. The range of commutation and parole policies varies from place to place, and the circumstances of the case will also affect the approval of commutation and parole. Among them, the "three categories of prisoners" are the most strictly examined when applying for commutation and parole.

The three categories of offenders refer to crimes abusing public office, crimes of disrupting financial order and financial fraud, and organizing (leading, participating, shielding, or conniving) ** organized crimes.

This type of crime usually has greater social influence and strong economic power before entering prison, and may interfere with the administration of justice after entering prison, so the vetting of such prisoners will be more stringent. As a family member, my feelings are undoubtedly complicated when facing my relatives who are serving prison sentences. However, positive encouragement and support and comfort are undoubtedly the best "shot in the arm" for inmates. At the moment when the loved ones are at a low point, the family members need to cheer up, life is long, and temporary gains and losses will not affect the future life. Encourage each other to move forward with a new life.

Finally, don't blindly believe that "you can do things with money".

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