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Can you commute your sentence for not paying a fine

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Can you commute your sentence for not paying a fine


        

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  • 2024-06-06 07:00:48

    Fine is only one kind of criminal law, which must be paid by the punished person.

    According to Chinese laws, criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences commuted if they conscientiously abide by prison regulations, accept education and reform, and show true repentance or perform meritorious service during the period of execution; A person who has performed one of the following major meritorious services shall have his sentence commuted:

    (1) Stopping others from committing major criminal activities;

    (2) Reporting major criminal activities inside and outside the prison, which are verified through investigation;

    (3) Having inventions, creations or major technological innovations;

    (4) Sacrificing oneself to save others in daily production and life;

    (5) Outstanding performance in resisting natural disasters or eliminating major accidents;

    (6) Having made other significant contributions to the country and society.

    The term actually executed after commutation shall not be less than the following:

    (1) If a sentence of public surveillance, criminal detention or fixed-term imprisonment is imposed, it shall not be less than half of the original sentence;

    (2) If life imprisonment is imposed, it shall not be less than 13 years;

    (3) If a criminal whose death sentence is suspended by a people's court in accordance with the provisions of the second paragraph of Article 50 of this Law and whose commutation of sentence is restricted, he shall be commuted to life imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty-five years; if he is commuted to twenty-five years' fixed-term imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty years.

    [Legal Basis]

    Article 78 of the Criminal Law states that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if, during the period of execution, he conscientiously observes prison regulations, accepts education and reform, and shows true repentance or performs meritorious service; A person who has performed one of the following major meritorious services shall have his sentence commuted:

    (1) Stopping others from committing major criminal activities;

    (2) Reporting major criminal activities inside and outside the prison, which are verified through investigation;

    (3) Having inventions, creations or major technological innovations;

    (4) Sacrificing oneself to save others in daily production and life;

    (5) Outstanding performance in resisting natural disasters or eliminating major accidents;

    (6) Having made other significant contributions to the country and society.

    The term actually executed after commutation shall not be less than the following:

    (1) If a sentence of public surveillance, criminal detention or fixed-term imprisonment is imposed, it shall not be less than half of the original sentence;

    (2) If life imprisonment is imposed, it shall not be less than 13 years;

    (3) If a criminal whose death sentence is suspended by a people's court in accordance with the provisions of the second paragraph of Article 50 of this Law and whose commutation of sentence is restricted, he shall be commuted to life imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty-five years; if he is commuted to twenty-five years' fixed-term imprisonment according to law after the expiration of the suspension of execution, he shall not be less than twenty years.

    Luo***

    2024-06-06 07:00:48

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