Chinese authorities have vowed to crack down on judicial corruption in commutations of sentences and probation following a number of cases of convicts bribing their way out of jail.
"Terms and procedures on commutation, parole and serving a sentence outside jail for medical reasons should be stringent within the framework of the law," said a document released by the Party's Commission for Political and Legal Affairs yesterday.
Zhang Hai, former president and chief executive of sports drink maker Jianlibao Group, used illegal means to have his sentence cut by five years in a second court trial and had his jail term further reduced by more than four years while he was serving the sentence.
While confirming the valid role of remission in rehabilitating convicts and helping them return to society, the commission noted "some problems" in this area that severely trample the sanctity of law and harm the credibility of law enforcement, citing criminals who use money and power to dodge punishment.
According to the commission, illegally making decisions to commute a sentence or grant release on probation will be severely punished.
The document focuses on regulating commutation, parole and serving a sentence outside jail for medical reasons for three kinds of crimes, namely taking advantage of one's position, disrupting financial order and financial fraud, and organizing mafia-style groups.
In order to warrant remission, criminals convicted of these three crimes should be proactive in giving up ill-gotten gains, assisting in recovering illicit money and goods overseas or paying compensation, it said.
Those who try to reduce their sentences or secure probation using personal influence or other improper means will be refused remission even if they are repentant, it said.
Criminals convicted of the three crimes should be prevented from applying for commutation for a period, while those sentenced to life in jail should not be eligible for remission until they have served three years.
Once the life-termer is granted commutation, they should be refused further remission within two years and each abatement of sentences should not be over one year.
According to the document, convicts with diseases are not allowed to serve their sentences outside jail if they do not cooperate with medical treatment or they are likely to present a danger to society outside jail.
The commission called for procedures on commutation, parole and serving a sentence outside jail to be made public in order to prevent judicial corruption.
Under the current law, requests for a convict's remission should be proposed by jails, detention houses or other penalty enforcement bodies, and then submitted to the courts, with procuratorates supervising the whole procedure.
Hearings are needed when it comes to remission for convicted officials above county level involved in job-related crimes, and criminals convicted of death sentences with a reprieve or life sentence for disrupting financial order or financial fraud, it said.
Publishing submissions and verdicts in warranting remission will effectively curb judicial corruption concerning commutation and probation, said Zhou Guangquan, a law professor at Tsinghua University.
