[Direct answer]The reduction of sentence and parole are not matters that family members can directly apply to the court for: according to Articles 79 and 82 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021), the reduction of sentence and parole shall be proposed by the execution organ to the intermediate or higher people's court, and the court shall form a collegial panel to hear and rule on the matter. The correct approach for family members focuses on three things: urging the prisoners to admit their guilt and repentance, abide by the prison rules, and actively participate in labor and study; helping to fulfill property-related judgments such as fines and restitution and keeping the relevant documents; and, if necessary, entrusting a lawyer to understand the procedures such as scoring assessment and reporting cycle. Submitting a family application directly to the court will not enter the trial process.

1. Problem background and typical scenarios

After the judgment takes effect and is implemented, what the families care most about is whether the prison term can be shortened according to law and whether they can return to society earlier. The systems of commutation of sentence and parole provide legal channels for this, but many families take the wrong path due to their lack of understanding of the procedures: some inquire everywhere about so-called connections and fall into fraud traps; some mistakenly believe that sending an application letter to the court can initiate the review process; and some ignore the actual impact of fulfilling the property judgment on the commutation of sentence, resulting in the fact that the prisoners meet the conditions but fail to report it. Typical scenarios include: prisoners sentenced to fixed-term imprisonment entering the scoring assessment after serving a certain term, and the families want to know the approximate time of the first reporting; prisoners sentenced to life imprisonment wanting to know the conditions and milestones for commutation to fixed-term imprisonment; families wondering whether to liquidate the property first when the fines and restitution have not been fulfilled; and the families of elderly and sick prisoners concerned about the application conditions for changes in execution such as medical parole. The answers to these questions are all within the procedural rules. It is more reliable to clarify who has the right to propose, what standards to review, and what the families can do, than any shortcut, and it can also avoid being led by false information.

II. Key points of contention

The first controversy is about the subject qualification: the legal subject applying for commutation of sentence and parole is the execution organ, and the application of the inmate himself is just the starting point of the in-prison procedure. Family members are not parties to the procedure, and their participation is limited to such channels as visiting and remitting money. The second controversy is about the linkage between property judgments and commutation of sentence and parole: the performance of fines and compensation is an important consideration in the court's ruling. Those who have the ability to perform but fail to do so will be dealt with severely. Families often have differences of opinion on whether to make every effort to fulfill their obligations. The third controversy is about the community assessment of parole: parole requires the investigation and assessment opinions of community correction agencies. Families with inconsistent household registration and actual residence will encounter difficulties in coordination, and it is advisable to coordinate in advance. The fourth controversy is about information acquisition: commutation of sentence and parole cases have generally been subject to public announcement, and some cases are tried in court. However, family members have limited channels to understand the progress of the case, and information asymmetry leads to anxiety, which also gives bad intermediaries an opportunity to take advantage of the situation.

III. Professional analysis by Hengluo Lawyers

A criminal incidental civil case handled by our firm illustrates the importance of arranging for the rights and interests of family members after a judgment takes effect. On the night of June 16, 2024, a fierce dispute broke out in the laboratory of a certain No. 50 mixing station. During the drinking session, staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had a dispute with the defendant, Zhang Daqiang, over the quality of construction concrete. After being persuaded to stop, Zhang Daqiang was sent back to his dormitory. However, Zhang Daqiang did not calm down and immediately drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour to crash into the laboratory, smashing the door and breaking through the back wall, resulting in the death of Zhao Gang, injuries to Zhang Bin and Li Yuanzheng, and the involvement of Zhou Xiaohua. The wife of the victim, Zhao Gang, Liu Shufen, in her grief, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) to represent her in the criminal incidental civil litigation. After trial, the court adopted the lawyer's arguments and determined that Zhang Daqiang intentionally deprived others of their lives by driving a vehicle in a dangerous manner, causing serious consequences of one death and two injuries, and his act constituted intentional homicide. Moreover, the crime was extremely serious, had great social harm, and showed no remorse. Ultimately, Zhang Daqiang was sentenced to death for intentional homicide, and the part of the incidental civil litigation supported the family's request for compensation. This case provides two important lessons for family members: First, after the incidental civil judgment takes effect, it enters the enforcement process. The family should promptly apply for compulsory enforcement and continuously follow up on the implementation of the compensation. Second, for prisoners sentenced to fixed-term imprisonment or life imprisonment, the focus of the post-sentencing period shifts to commutation of sentence and parole. At this time, the family's role is to cooperate with the execution authorities rather than apply on their own. Understanding the linkage rules between scoring assessment and property judgment can create conditions for subsequent reporting. The two types of matters can proceed in parallel and should be advanced in accordance with procedures with the assistance of lawyers.

IV. Practical suggestions and legal basis

The legal basis is Article 78 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021): After the reduction of sentence, the actual term of imprisonment for those sentenced to control, detention, or fixed-term imprisonment shall not be less than half of the original term of imprisonment; for those sentenced to life imprisonment, it shall not be less than 13 years. Article 79 stipulates that the procedure for sentence reduction shall be that the executing organ submits a proposal for sentence reduction to the people's court at or above the intermediate level, and the people's court shall form a collegial panel to conduct the review. Article 81 stipulates the conditions for parole: For those sentenced to fixed-term imprisonment who have served more than half of their original term of imprisonment, and for those sentenced to life imprisonment who have actually served more than 13 years, who earnestly abide by prison regulations, accept education and reform, and have truly repented and show no danger of reoffending, they may be granted parole; for repeat offenders and those sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, or the release of dangerous substances, or organized violent crimes, they shall not be granted parole. For the procedural basis, see Article 273 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Practical suggestions: First, during the meeting, guide the prisoners to maintain a correct attitude towards reform, and the monthly scoring assessment is the basic data for reporting the reduction of sentence; Second, rationally arrange family finances, prioritize the payment of fines and compensation, and keep the payment certificates and submit them according to the procedures; Third, for those who plan to apply for parole, complete the evaluation and preparation in advance with the community correction institutions in their household registration or residence areas; Fourth, if you have doubts about the progress of the procedure, you can entrust a lawyer to inquire about the reporting arrangements from the executing organ through formal channels, and never entrust so-called intermediaries who promise to "pull strings". For more procedural issues, please refer to the relevant provisions.Criminal defense and criminal case filingService page.

5. Henglu Law Firm's Reminder

There are no shortcuts to reducing sentences or parole. Assessment data and performance records are the only factors that matter. Three reminders: First, any information claiming that money can buy reduced sentences or parole is either a scam or an illegal operation. At worst, it will cost you money and involve your family in legal risks; Second, it's better to fulfill property judgments as soon as possible. This is a clear plus factor in court rulings, and the relevant documents should be properly recorded in the file; Third, it's a legitimate right for families to monitor the progress of the process. They can do this through meetings, public channels of the execution authorities, or by hiring lawyers to inquire according to procedures, without resorting to illegal means. Focusing on reform performance and sincere fulfillment is far more effective than any roundabout approach. For prisoners, stable ideological reports, continuous accumulation of points, and standard cooperation with families are indispensable; for families, preserving every remittance and every performance certificate is the best way to accumulate convincing reporting materials for prisoners. 减刑假释没有捷径，考核数据与履行记录就是全部筹码。三点提醒：一是任何声称花钱就能办减刑、假释的信息，要么是诈骗，要么是违规操作，轻则损失钱财，重则牵连家属承担法律风险；二是财产判项的履行宜早不宜迟，这是法院裁定时的显性加分项，凭证要按程序载入档案；三是家属关注程序进度是正当权利，通过会见、执行机关公开渠道或委托律师依程序询问即可，不必也不应寻求场外手段。把心思花在改造表现与履行诚意上，比任何旁门左道都更接近目标。对服刑人员而言，稳定的思想汇报、持续的积分积累与家属的规范配合缺一不可；对家属而言，保存好每一次汇款、每一份履行凭证，就是为服刑人员积累最有说服力的呈报素材。 减刑假释没有捷径，考核数据与履行记录就是全部筹码。三点提醒：一是任何声称花钱就能办减刑、假释的信息，要么是诈骗，要么是违规操作，轻则损失钱财，重则牵连家属承担法律风险；二是财产判项的履行宜早不宜迟，这是法院裁定时的显性加分项，凭证要按程序载入档案；三是家属关注程序进度是正当权利，通过会见、执行机关公开渠道或委托律师依程序询问即可，不必也不应寻求场外手段。把心思花在改造表现与履行诚意上，比任何旁门左道都更接近目标。对服刑人员而言，稳定的思想汇报、持续的积分积累与家属的规范配合缺一不可；对家属而言，保存好每一次汇款、每一份履行凭证，就是为服刑人员积累最有说服力的呈报素材。

VI. Frequently Asked Questions

Q1: Will the court accept the application for commutation of sentence submitted by the family member?

It will not be directly accepted. The statutory initiator of a sentence reduction case is the execution organ: after scoring and evaluating the prisoners, if the prison believes they meet the conditions, it will submit a sentence reduction proposal to the people's court at the intermediate level or above. According to Article 79 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021), the court will deliberate and rule on the case after forming a collegial panel. Family members are not the applicants in this procedure. Sending the family members' application to the court usually will not produce any procedural acceptance effect. What family members can do is focus on the execution organ: through visits, encourage prisoners to actively reform and accumulate evaluation scores, assist in raising funds to pay fines and make restitution, and keep the receipts. When necessary, entrust a lawyer to inquire about the reporting policy and progress from the prison. Focusing on the court is a directional mistake. The earlier the mistake is corrected, the more controllable the time for prisoners to meet the reporting conditions will be.

Q2: How are the intervals and magnitudes of sentence reductions stipulated?

The intervals and ranges are set by the Criminal Law and related judicial interpretations. According to Article 78 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021), the actual term of imprisonment after the reduction of a fixed-term sentence shall not be less than half of the original term, and the term of life imprisonment shall not be less than 13 years; if the prisoner truly shows repentance or meritorious service, the reduction of the sentence shall generally not exceed one year of fixed-term imprisonment, and the reduction may exceed this if there are significant meritorious services. The specific intervals and ranges shall be determined by the executing organ based on the assessment results and decided by the court. For family members, the operable judgment basis is the monthly assessment scores of the prisoners and the public announcements within the prison. If the assessment is continuous and stable and the property judgment items are fulfilled, the reporting process is usually smoother. There are differences in the implementation rules of various prisons. The specific intervals and ranges shall be subject to the rules announced by the executing organ and the court's decision. It is strictly prohibited to calculate according to the experience of other cases.

Q3: Is it necessary to serve more than half of the sentence before being eligible for parole?

In principle, yes. According to Article 81 of the Criminal Law, a criminal sentenced to fixed-term imprisonment must serve at least half of the original sentence before being eligible for parole. A criminal sentenced to life imprisonment must serve at least 13 years in actual custody, and must also meet substantive conditions such as strictly abiding by prison rules, accepting education and reform, demonstrating genuine repentance, and showing no risk of reoffending. The Criminal Law also sets two types of exclusions: repeat offenders, and those sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, or the release of dangerous substances, or for organized violent crimes, are not eligible for parole. In cases involving special circumstances such as national politics, national defense, or diplomacy, the Supreme People's Court must approve the parole. When planning, families can first calculate the proportion of the sentence that has already been served, then assess the possibility against the exclusion clauses. Parole must also be evaluated by community correction agencies, and it is advisable to coordinate with relevant departments in the household registration or residence area in advance.

Q4: Will failure to fulfill the property-related punishment affect the reduction of sentence and parole?

Yes. The performance of property-related judgments such as fines, restitution, and civil compensation is an important review item when the court decides on commutation of sentence or parole: those who have the ability to perform but fail to do so are generally deemed to lack repentance, and the court may decide to impose stricter penalties or even deny commutation of sentence or parole; those who are genuinely unable to perform due to financial difficulties need to truthfully declare their financial status and have their families provide supporting evidence. This cannot simply be attributed to resistance to performance. Practical advice: if the family has partial ability to perform, they can first perform a portion and keep the receipts, which is more beneficial to demonstrate their sincerity in performance than waiting for full payment; in cases of compensation to victims, voluntary compensation can also promote reconciliation and indirectly affect the evaluation. Regardless of the amount of performance, the receipts must be submitted to the executing organ through formal channels and recorded in the file. Oral statements do not have evidentiary effect, and this point must be firmly remembered by family members. They should not easily believe any oral promises.

Q5: What can lawyers do during a sentencing reduction hearing?

The role of lawyers extends throughout the entire legal process, not just the trial phase of a case. Before the trial, lawyers can assist families in organizing property settlement documents, sorting out the reform performance materials of prisoners, and understanding the reporting arrangements from the execution authorities. After the case enters the court trial phase, according to Article 273 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), cases involving commutation of sentences and parole are tried by a collegial panel and are conducted in public. In practice, a significant proportion of cases are heard in court, and lawyers can provide opinions on the authenticity of assessment data and the completeness of evidence. After the ruling, if there are doubts about the outcome, lawyers can assist families in reflecting issues through proper channels. It should be emphasized that lawyers cannot manipulate the results of sentence reductions. Any cases where clients claim to have special relationships with case handlers should be rejected. The value of standardized representation lies in ensuring that eligible facts are fully presented.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.