What are the conditions for medical parole?

Medical parole is an enforcement method whereby a convict suffers from a serious illness and is approved by the judicial authorities to allow him to be released for medical treatment outside of prison on bail in accordance with the relevant laws and policies of the state. It is also known as medical treatment outside of prison, which is a type of execution outside of prison and is the embodiment of humanitarianism.

Medical parole is a law that stipulates that convicts sentenced to death with a two-year reprieve, life imprisonment, fixed-term imprisonment, or short-term detention are released on bail for medical treatment outside of prison with the approval of the relevant departments due to physical illness. Medical parole is a type of execution outside of prison.

In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in accordance with the law:

1. Suffering from serious illness and in danger of death in a short period of time;

2. Those who are physically disabled and have difficulty taking care of themselves;

3. Old and sick, it has lost the possibility of harming society.

The sickness and disability of convicts released on medical parole shall comply with the provisions of the "Scope of Illness and Disability for Convicts on Parole for Medical Treatment".

The following criminals are not allowed to be released on medical parole in accordance with the law.

1. Convicts sentenced to a two-year suspension of death are in the period of suspension of execution;

2. The crime is severely punished and the public is very angry;

3. Self-injury or self-harm while serving a prison sentence.

II. Examination and Approval Procedures.

1. If a convict needs to be released on medical parole, the prison district shall discuss and approve it, report it to the prison administration department for review, and conduct a disability evaluation after the preliminary review is approved.

2. The prison shall send someone to lead the convict to the hospital designated by the provincial people. Based on the convict's condition, hospitals shall organize doctors from relevant departments to form an evaluation team of 3 or more people, responsible for issuing evaluation documents, attaching supporting documents such as diagnosis and auxiliary diagnosis, and signing and affixing a seal on the evaluation documents.

3. Before submitting a report for medical parole, the prison shall solicit the opinions of the public security organ for the location of the convict's family, and the public security organ shall promptly reply. A guarantor is required for a convict to be released on medical parole.

4. After receiving the decision that the convict has been approved for parole (after the prison review and reporting to the provincial bureau for approval), the prison shall promptly notify the guarantor, and the guarantor shall pay a deposit of 2,000 to 5,000 yuan to the prison and go through the formalities for release from prison.

The conditions for medical parole are: the convict sentenced to life imprisonment, fixed-term imprisonment or short-term detention suffers from a serious illness during the period of reformation and is in danger of death in a short period of time; Suffering from a serious chronic disease that has been ineffective for long-term treatment; Those who are physically disabled and have difficulty taking care of themselves; Old age and sickness have lost the possibility of harming society.

[Legal basis].

Article 265 of the Criminal Procedure Law.

In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence outside of prison:

1) Those who have a serious illness and need to be released on medical parole;

2) Women who are pregnant or breastfeeding their own infants;

3) Unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.

Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.

Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents.

Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.

Those who are seriously ill and are at risk of death in the short term. Convicts whose original sentence of life imprisonment or death sentence was commuted to life imprisonment after a two-year suspension of execution are to serve more than 7 years of prison from the date of enforcement of life imprisonment, or where convicts originally sentenced to fixed-term imprisonment are serving more than one-third of the original sentence and suffer from serious chronic illnesses for which long-term medical treatment is ineffective. However, if the condition deteriorates and there is a risk of death, and the transformation performance is better, the above time limit may be exempted.

Those who are physically disabled and have difficulty taking care of themselves; Old age and sickness have lost the possibility of harming society.

Article 2 of the Criminal Law of the People's Republic of China stipulates that convicts sentenced to life imprisonment, fixed-term imprisonment or short-term detention may be granted medical parole under any of the following circumstances during the period of rehabilitation: they are seriously ill and are in danger of dying in a short period of time. Convicts whose original sentence of life imprisonment or death sentence was commuted to life imprisonment after a two-year suspension of execution are to serve more than 7 years of prison from the date of enforcement of life imprisonment, or where convicts originally sentenced to fixed-term imprisonment are serving more than one-third of the original sentence and suffer from serious chronic illnesses for which long-term medical treatment is ineffective.

However, if the condition deteriorates and there is a risk of death, and the transformation performance is better, the above time limit may be exempted. Those who are physically disabled and have difficulty taking care of themselves; Old age and sickness have lost the possibility of harming society.

The conditions for medical parole are as follows: 1. The convict has been sentenced to life imprisonment, fixed-term imprisonment, or criminal detention. 2. Those who are seriously ill and are in danger of dying in the short term.

3. Those who are physically disabled and have difficulty taking care of themselves. 4. Women who are pregnant or breastfeeding their babies need to seek medical attention.

Major diseases and infectious malignant diseases.

Major diseases and infectious malignant diseases.

Sickness cannot be treated by prisons, hospitals, or medical departments.