2016年CRI Top court tightens rules on sentence commutation（在线收听）

The new regulation sets stricter than ever limits on the application of commutation of sentencing and parole for those charged with duty crimes, financial crimes and organized crime.

It specifically stipulates that commutation and parole cannot be applied in the cases of criminals sentenced to life imprisonment for taking bribes.

It also rules an inmate will still serve at least 15 years in prison after his reprieved death sentence is commuted.

Xia Daohu with China's top court says the regulation is expected to unify standards for granting commutations and parole and prevent related misconduct.

"In order to specifically define the circumstances in which commutation and parole can be applied and discourage any possible misconduct, the first thing the regulation does is clarifies that both commutation and parole are part of a system aimed at encouraging inmates to remorse. An inmate can have his sentence commuted or be released on parole only if he outperforms others."

The regulation warns against the role of personal influence and social relationships in deciding whether an inmate qualifies for either commutation or parole.

Teng Wei also with the Supreme Court said neither commutation nor parole applies to certain inmates.

"Qualification for commutation or parole mainly relies on how much inmate remorse. Some criminals have broad social networks and have caused huge economic losses to the nation and society. Anyone who refuses to reimburse illegal earnings faithfully, or who uses illegal means in an attempt to gain privileges for commutation or parole will not be qualified."

The new rules also underscore the role of parole in inmate rehabilitation.

Different from commutation, parole is the provisional release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period.

Xia Daohu of the Supreme People's Court says parole, though already widespread overseas, has yet to be widely applied in China and it is time to increase its use.

"The current judicial environment in China has created favorable conditions for expanding the implementation of parole policies. In some regions, community correction systems have been established, giving a significant role to communities in helping integrate prison inmates back into society. The new regulations give priority to parole over commutation if an inmate is qualified for both."

The new regulation will take effect on January 1st next year.