What is the execution system of criminal law?

The execution system of criminal law is commutation and parole.

1. Commutation refers to a criminal law enforcement activity that appropriately reduces the original sentence.

(1) Narrow commutation refers to a criminal judicial activity in which criminals who are sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment according to law, when there are legal circumstances for commutation, are proposed by the organ in charge of executing the penalty, and the people's court commutes their sentences according to law;

(2) Commutation in a broad sense refers to the criminal judicial activities of reducing the original sentence by the people's court according to law when the person punished by the penalty has the statutory circumstances of commutation, including not only the narrow scope of commutation, but also the two-year suspension of execution of the death penalty, fines, probation and additional deprivation of political rights.

2. Parole

Parole is a system in which criminals who have been sentenced to fixed-term imprisonment or life imprisonment are conditionally released in advance after a certain period of imprisonment, because they have truly repented because they have obeyed prison regulations and received education and reform, and no longer endanger society. A paroled criminal who commits a crime again within the probation period of parole does not constitute a recidivist.

Parole is an important penalty execution system in our criminal law. Proper use of parole can effectively urge criminals to obey educational reform, make them return to society as soon as possible, and help turn negative factors into positive ones.

Extended data

The provisions of the Criminal Law of People's Republic of China (PRC) on commutation and parole are as follows:

1, Article 78 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he consciously abides by prison regulations, accepts education and reform, and truly shows repentance or meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:

(a) to prevent others from engaging in major criminal activities;

(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;

(three) there are inventions or major technological innovations;

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

(five) outstanding performance in resisting natural disasters or eliminating major accidents;

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

If the sentence actually executed after commutation is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence; Those sentenced to life imprisonment shall not be less than ten years.

2. Article 81 If a prisoner sentenced to fixed-term imprisonment has executed more than half of the original sentence, and if a prisoner sentenced to life imprisonment has actually executed it for more than ten years, he has conscientiously observed prison regulations, received education and reform, and has truly shown repentance, and will not endanger society after parole, he may be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.

Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for violent crimes such as murder, explosion, robbery, rape and kidnapping shall not be released on parole.

3. Article 82 Parole of a prisoner shall be conducted in accordance with the procedures stipulated in Article 79 of this Law. No parole shall be granted without legal procedures.

4. Article 83 The probation period for parole of fixed-term imprisonment is limited to the unfinished sentence; The probation period of parole for life imprisonment is limited to ten years. The probation period of parole shall be counted from the date of parole.

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