国家主席习近平29日签署发布特赦令,根据十三届全国人大常委会第十一次会议29日通过的全国人大常委会关于在中华人民共和国成立七十周年之际对部分服刑罪犯予以特赦的决定,对九类服刑罪犯实行特赦。
Chinese President Xi Jinping on Saturday signed and issued an order of special pardons for nine categories of criminals on the occasion of the 70th anniversary of the founding of the People's Republic of China (PRC).
The decision of granting the special pardons had been adopted by the Standing Committee of the National People's Congress, China's top legislature, at a bimonthly session which closed Saturday.
(图via @人民日报 公号)
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根据国家主席特赦令,对依据2019年1月1日前人民法院作出的生效判决正在服刑的九类罪犯实行特赦:
The nine categories of criminals who are serving their sentences effective before Jan. 1, 2019, will be pardoned, according to the order. They include:
一是参加过中国人民抗日战争、中国人民解放战争的;
1. Those who fought in the Chinese People's War of Resistance against Japanese Aggression and the Chinese People's War of Liberation;
二是中华人民共和国成立以后,参加过保卫国家主权、安全和领土完整对外作战的;
2. Those who fought in wars to safeguard national sovereignty, security and territorial integrity after the founding of the PRC in 1949;
三是中华人民共和国成立以后,为国家重大工程建设做过较大贡献并获得省部级以上“劳动模范”“先进工作者”“五一劳动奖章”等荣誉称号的;
3. Those who made fairly big contributions to the advancement of the country's major projects after the founding of the PRC and received honors of provincial and ministerial level or above, including "Model Workers," "Advanced Workers," and "May 1 Labor Medals;"
四是曾系现役军人并获得个人一等功以上奖励的;
4. Those who used to be on active service and received first class merit citations or higher-level awards;
五是因防卫过当或者避险过当,被判处三年以下有期徒刑或者剩余刑期在一年以下的;
5. Those who were sentenced to less than three years in prison or have less than one year of remaining prison terms for acts of excessive defense or acts to avert danger in emergencies that exceed the limits of necessity;
六是年满七十五周岁、身体严重残疾且生活不能自理的;
6. Those aged 75 or above who have serious physical disabilities and are unable to take care of themselves;
七是犯罪的时候不满十八周岁,被判处三年以下有期徒刑或者剩余刑期在一年以下的;
7. Those who committed crimes when they were under 18, and were sentenced to less than three years in prison or have less than one year of remaining prison terms;
八是丧偶且有未成年子女或者有身体严重残疾、生活不能自理的子女,确需本人抚养的女性,被判处三年以下有期徒刑或者剩余刑期在一年以下的;
8. Female prisoners who have been bereaved of their spouses and have to take care of their underage children or children with serious disabilities who are unable to care for themselves; they are eligible only under the condition that they were sentenced to less than three years in prison or that their remaining jail terms are less than one year;
九是被裁定假释已执行五分之一以上假释考验期的,或者被判处管制的。
9. Those granted a parole who have undergone more than one fifth of their parole probation periods, or who received a public surveillance sentence.
国家主席特赦令同时明确,上述九类对象中,具有以下情形之一的,不得特赦:
一是第二、三、四、七、八、九类对象中系贪污受贿犯罪,军人违反职责犯罪,故意杀人、强奸、抢劫、绑架、放火、爆炸、投放危险物质或者有组织的暴力性犯罪,黑社会性质的组织犯罪,贩卖毒品犯罪,危害国家安全犯罪,恐怖活动犯罪的罪犯,其他有组织犯罪的主犯,累犯的;
1. Those who fall into the 2nd, 3rd, 4th, 7th, 8th and 9th categories listed above, but committed embezzlement, acceptance of bribes, servicemen's transgression of duties, intentional homicide, rape, robbery, kidnap, arson, explosion, spreading hazardous substances, organized crimes of violence, mafia-natured organized crimes, trafficking in narcotic drugs, crimes of endangering national security, terrorism, or were convicted as principal criminals or recidivists of other organized crimes;
二是第二、三、四、九类对象中剩余刑期在十年以上的和仍处于无期徒刑、死刑缓期执行期间的;
2. Among criminals falling into the 2nd, 3rd, 4th and 9th categories, those who have more than 10 years of remaining prison terms to serve, and who are still serving life imprisonment or in the suspension period of death penalty;
三是曾经被特赦又因犯罪被判处刑罚的;
3. Those who had been pardoned but were subject to criminal punishment again for crimes;
四是不认罪悔改的;
4. Those who refused to admit their guilt, repent and mend their ways;
五是经评估具有现实社会危险性的。
5. Those who are deemed an actual threat to society after evaluation.
国家主席特赦令指示,对2019年6月29日符合上述条件的服刑罪犯,经人民法院依法作出裁定后,予以释放。
Prisoners who meet the above-mentioned requirements on June 29, 2019 will be released upon court ruling, according to the order.
什么是特赦?什么样的罪犯能获得特赦?特赦如何进行?
今天,通过一张图,一起了解。⬇️
来源:环球时报GlobalTimes综编自新华社、央视新闻、人民日报