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Anonymous users2024-02-06A special method of enforcing criminal punishments that have been sentenced to fixed-term imprisonment or short-term detention and need to be released on medical parole because they suffer from a serious illness, or that women are pregnant or breastfeeding their own babies, and are not suitable to serve their criminal punishments in prisons or other re-education through labor facilities, may be temporarily enforced by the public security police substation for the convict's original place of residence, and with the assistance and supervision of the basic level organization or unit to which the convict belongs.
Article 265 of the Criminal Procedure Law of the People's Republic of China provides that convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison in any of the following circumstances:
1) Those who have a serious illness and need to be released on medical parole;
b) 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 the convict is truly seriously ill and must be released on medical parole, the hospital designated by the provincial-level people** is to diagnose it 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 it 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.
The organ that implements the execution of the sentence outside of prison
Community corrections are to be carried out for convicts temporarily serving their sentence outside of prison, and basic-level organizations or the convict's original unit are to assist in conducting oversight, and the enforcement organs shall strictly manage and supervise convicts temporarily serving their sentence outside of prison. For convicts who decide to temporarily serve their sentence outside of prison while serving their sentence, the original enforcement organ shall notify the public security organ responsible for serving the convict's sentence and reform, so that it can conduct targeted management and supervision of the convict: The public security organ responsible for enforcement shall inform the convict that they must accept supervision and reform and comply with the relevant provisions during the period of temporary service of sentence outside of prison.
After the circumstances of temporarily serving a sentence outside of prison disappear, where the convict's sentence has not yet been completed, he shall be promptly returned to prison. Where a people's court decides to temporarily serve a convict's sentence outside of prison at the same time as making a judgment or ruling, the public security organ responsible for enforcement shall notify the people's court to transfer the convict for enforcement in accordance with law. If the convict is temporarily sentenced to serve his sentence outside of prison during the course of enforcement, the public security organ responsible for enforcement shall notify the prison or other enforcement organ to take him into custody.
Where a convict's sentence is completed in the course of temporarily serving his sentence outside of prison, the original prison or other enforcement organ shall handle release formalities. Where a convict dies during the period of temporary service of sentence outside of prison, the public security organ responsible for enforcement shall promptly notify the prison where he was originally held or other enforcement organs.
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Anonymous users2024-02-05Whoever commits the crime of assembling a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleader and other active participants in starvation, and the punishment for accomplices shall be reduced (the extent of the reduction is at the discretion of the court). Where a person is sentenced to fixed-term imprisonment or higher for an intentional crime, and commits another intentional crime for which a sentence of fixed-term imprisonment should be given within 5 years of the completion of the criminal punishment, it is a recidivist and the punishment shall be increased.
Suspended sentences may be used for criminals sentenced to fixed-term imprisonment of up to 3 years, short-term detention or controlled release; There are strict conditions for serving a sentence outside of prison: there is a serious illness, a woman who is pregnant, breastfeeding, etc., and it is truly necessary to serve a sentence outside of prison.
If the other party provokes, there is sufficient evidence to prove it, it may be considered as a sentencing circumstance for a lighter punishment.
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Anonymous users2024-02-04Legal Analysis: "Recidivists can serve their sentences outside of prison as long as they meet the requirements for serving their sentence outside of prison." The conditions are:
1.Those who suffer from serious illnesses and are unable to take care of themselves; 2.Women who are pregnant or breastfeeding their own infants; 3.
is the sole supporter of a person who is unable to take care of himself; 4.Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance; 5.The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance.
Legal basis: Article 74 of the Criminal Procedure Law of the People's Republic of China: Conditions for residential surveillance and enforcement organs.
People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance in any of the following circumstances who meet the requirements for arrest:
1) Suffering from a serious illness and unable to take care of themselves;
b) Women who are pregnant or breastfeeding their own infants;
3) is the sole supporter of a person who is unable to take care of himself;
4) Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance;
5) The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance. Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met. Residential surveillance is carried out by the public security organs.
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