A Beijing lawyer explains the difference between parole and commutation of sentence: Commutation of sentence shortens the prison term while the prisoner is still serving his sentence, while parole allows the prisoner to be released from prison early under certain conditions and undergo correction in society.
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A Beijing lawyer explains why repeat offenders cannot be sentenced to probation: Repeat offenders pose a greater risk of reoffending, and the Criminal Law explicitly does not apply probation to them. The ringleaders of criminal groups are also excluded from probation.
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A Beijing lawyer explains the differences between probation and actual imprisonment: Probation means being conditionally not detained and subject to social correction, while actual imprisonment means actually serving the sentence. The two have different impacts on freedom and employment.
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A Beijing lawyer explains that if a person commits another crime during the probation period, their probation will be revoked and they will be punished for the new crime. If they seriously violate the supervision regulations, their probation will also be revoked and they will serve the original sentence.
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A Beijing lawyer explains whether it's possible to work normally during probation: It's allowed to work, but the person must undergo community correction according to the law. However, they need to report and obtain approval if they leave the city or county where they live or move to another place.
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A Beijing lawyer explains whether a person will still be sentenced to prison after reaching a criminal settlement: The settlement may result in a lenient punishment, and in cases of minor offenses, the person may not be sentenced to prison or prosecuted. However, serious crimes may still result in a prison sentence.
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A Beijing lawyer explains how obtaining a letter of understanding can lead to a lighter sentence: Active compensation and obtaining understanding can reduce the baseline sentence by more than 40%, which is an important factor in obtaining probation.
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A Beijing lawyer explains which should be fulfilled first between compensation and fines: when the property is insufficient, civil compensation takes precedence over fines. It is recommended to first compensate the victims and then fulfill the fines.
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A Beijing lawyer explains how returning the illicit gains and compensating for the losses can help in sentencing: It is an important mitigating circumstance, which can reduce the base sentence by more than 30%. The earlier and more thoroughly the return and compensation are carried out, the greater the mitigating effect will be.
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A Beijing lawyer explains how much the sentence can be reduced based on the meritorious performance: Generally, meritorious performance can lead to a lighter or mitigated punishment, and significant meritorious performance can lead to a mitigated or exempted punishment, with the sentencing guidelines providing a graded leniency.
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A Beijing lawyer explains whether it counts as a voluntary surrender if a person receives a phone call and voluntarily appears in court: If a person voluntarily appears in court after being summoned and gives a truthful statement, it is generally recognized as a voluntary surrender in judicial practice. The key point is the process of appearing in court.
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A Beijing lawyer explains the difference between voluntary surrender and confession: voluntary surrender may result in a lighter or mitigated punishment, and those who commit minor crimes may be exempt from punishment. Confession, on the other hand, may lead to a lighter punishment or help avoid serious consequences.
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A Beijing lawyer explains how to inherit copyright property rights: During the protection period, the property rights are legally transferred to the heirs, while personal rights such as authorship are not inheritable.
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A Beijing lawyer explains whether the operating qualifications of individual businesses can be inherited: Operating qualifications have personal attributes and cannot be directly inherited, but operating assets and creditor's rights can be inherited and re-registered for continued operation.
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A Beijing lawyer explains whether the partnership investment shares can be inherited: the property shares can be inherited, but the partner qualification requires the unanimous consent of all partners or in accordance with the agreement.
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