2016年CRI Top court tightens rules on sentence commutation

（单词翻译）

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 stipulates¹ that commutation and parole cannot be applied² in the cases of criminals sentenced to life imprisonment³ for taking bribes⁴.

It also rules an inmate⁵ will still serve at least 15 years in prison after his reprieved⁶ death sentence is commuted⁷.

Xia Daohu with China's top court says the regulation is expected to unify⁸ 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 inmates⁹ to remorse¹⁰. 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 Supreme¹¹ 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 reimburse¹² illegal earnings¹³ faithfully, or who uses illegal means in an attempt to gain privileges for commutation or parole will not be qualified¹⁴."

The new rules also underscore the role of parole in inmate rehabilitation¹⁵.

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 judicial¹⁶ environment in China has created favorable conditions for expanding the implementation¹⁷ of parole policies. In some regions, community correction systems have been established, giving a significant role to communities in helping¹⁸ 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.