Life imprisonment in China

Life imprisonment is one of the five principal punishments stipulated under Article 33 of the Criminal Law of the People's Republic of China. According to the Criminal Law, there are 87 offences that may be punishable by life imprisonment.

Life imprisonment also entails lifelong deprivation of political rights. If the sentence is commuted, the deprivation of political rights is reduced to a period of three to ten years (Article 57). The statute of limitations for prosecution is 20 years for crimes for which the maximum penalty prescribed by law is life imprisonment. Under special circumstances, this period may be extended with the approval of the Supreme People's Procuratorate (Article 87, paragraph 4).

If no intentional crime is committed during the probation period following a suspended death sentence, the punishment shall automatically be commuted to life imprisonment or to a fixed-term imprisonment of twenty-five years (Article 50). Life imprisonment may be commuted, but the actual period of imprisonment shall not be less than 13 years. If a suspended death sentence is commuted to life imprisonment, the actual period of imprisonment shall not be less than 25 years (Article 78). The actual time served is calculated based on the commutation decision (Article 80).

Article 78 of the Criminal Law also sets out the conditions for commutation. A person sentenced to life imprisonment who has served more than 13 years may be released on parole under certain conditions. However, recidivists and other serious violent offenders sentenced to life imprisonment are not eligible for parole (Article 81). The probation period for parole in cases of life imprisonment is 10 years (Article 83). In cases of corruption where the death penalty is suspended, the court may impose life imprisonment without the possibility of commutation or parole after the expiry of the suspension period.

On November 15, 2016, the Supreme People's Court issued the Provisions on the Specific Application of Laws in Handling Cases of Commutation and Parole, which stipulate that any prisoner convicted of corruption or bribery and sentenced to life imprisonment shall not be eligible for commutation or parole. This regulation came into effect on January 1, 2017.

Although life imprisonment is not a mandatory punishment under Chinese law, the following crimes may carry a sentence of life imprisonment:

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