How long is the parole probation period and how to deal with the expiration of the parole probation

Hello, 1. How long is the probation period for parole?

The probationary period of parole for fixed-term imprisonment is the sentence that has not been completed; The probationary period of parole for life imprisonment is 10 years. Parolees shall comply with the following provisions during the probationary period of parole:

1) Comply with laws and administrative regulations, and obey supervision;

2) Report their activities in accordance with the regulations of the supervisory authority;

3) Comply with the regulations of the supervisory authority on receiving guests;

4) Leaving the city or county where they live or relocating shall be reported to the supervisory authority for approval.

2. What to do after the parole probation period expires.

Criminals who have been released on parole are to be supervised by the public security organs during the probationary period of parole. Different treatments are made according to their different performances:

1) If a parolee commits a new crime during the probationary period of parole, regardless of whether the new crime is intentional or negligent, serious or misdemeanor, the parole shall be revoked, a judgment shall be rendered for the new crime, and the sentence imposed for the new crime shall be determined in accordance with the principle of combining punishment for multiple crimes as provided for in Article 71 of the Criminal Law.

2) During the probationary period for parole, if it is discovered that the parolee has a crime that has not been convicted before the original judgment, and the crime that has not been convicted has not exceeded the statute of limitations, the parole shall also be revoked, and a judgment shall be made for the crime without a judgment, and the punishment for the crime that has not been convicted and the punishment for the previous crime shall be determined in accordance with the principle of concurrent punishment for multiple crimes as provided for in article 70 of the Criminal Law. Punishments that have already been served shall be counted within the sentence determined in the new judgment.

3) During the probationary period for parole, where the parolee offender has violated laws, administrative regulations, or provisions on the supervision and management of parole, and has not yet constituted a new crime, the parole shall be revoked in accordance with the prescribed procedures, and the sentence shall be returned to prison to serve the sentence that has not been completed.

4) During the probationary period of parole, the parolee shall comply with the provisions on parole, and without the above three circumstances, upon the completion of the probationary period of parole, it shall be deemed that the original sentence has been served and shall be publicly announced.

3. What are the contents of parole?

According to the provisions of Article 85 of the Criminal Law, the investigation of criminals who have been released on parole is mainly to examine whether they have the circumstances provided for in Article 86 of the Criminal Law during the probationary period of parole, that is, whether they have committed new crimes or found to have omitted crimes, and whether they have violated laws, administrative regulations or the supervision and management provisions of the public security department on parole.

In the absence of the circumstances provided for in article 86 of the Criminal Code, upon the expiration of the probationary period of parole, the original sentence shall be deemed to have been served and shall be publicly announced.

In the case of the circumstances provided for in article 86 of the Criminal Code, parole shall be revoked, and the punishment for multiple crimes shall be imposed in accordance with the provisions on the concurrent punishment of multiple crimes, or the sentence shall be returned to prison for the execution of the sentence that has not been completed.

According to the provisions of the law, during the probationary period of parole, the public security organs generally supervise it, and once it is found that the parole person has committed violations of laws and crimes, then the parole will be revoked. If the probationary period of parole expires, the original sentence is considered to have been served and should be publicly announced.

The probationary period of parole is the remainder of the sentence. If the probationary period expires, the sentence is completed.

The probationary period of parole for fixed-term imprisonment is the period of criminal search that has not been completed. Criminals sentenced to fixed-term imprisonment may only be released on parole if they have served more than half of their original sentence. Criminals are to carry out community corrections in accordance with law during the probationary period of parole, and if there are no circumstances provided for in Criminal Law article 86, and the probationary period of parole is completed, it is to be considered that the original sentence has been served and is to be publicly announced.

[Legal basis].

Article 81 of the Criminal Law.

Criminals sentenced to fixed-term imprisonment may be released on parole if they have served more than half of their original sentence, and criminals sentenced to life imprisonment who have actually served 13 years or more, may be released on parole if they conscientiously abide by prison rules, receive education and reform, truly show repentance, and are not in danger of committing another crime. If there are special circumstances, upon approval by the Supreme People's Court, the above-mentioned restrictions on the enforcement of sentences may be waived.

Article 83.

The probationary period of parole for fixed-term imprisonment shall be the sentence that has not been completed; The parole probation period for life imprisonment is ten years.

The probationary period of parole is calculated from the date of parole.

Article 85.

For criminals released on parole, community corrections are to be carried out in accordance with law within the probationary period of parole, and if there are no circumstances provided for in article 86 of this Law, and the probationary period of parole is completed, it is to be considered that the original sentence has been served and a public announcement is to be made.

Legal analysis: The remaining term of the actual criminal law, life imprisonment is ten years. Parole is a system in which a person who has been sentenced to fixed-term imprisonment or life imprisonment is given a large amount of money, and after serving a certain sentence, he or she is conditionally released early because he or she has complied with prison rules, received education and reform, has truly shown repentance, and will no longer endanger society.

Method of calculating the probationary period of parole: According to the provisions of the Criminal Law, the probationary period of parole for a criminal sentenced to fixed-term imprisonment shall be the sentence for which the original sentence has not been completed, that is, the remaining period of the original sentence when parole is announced. The Criminal Law clearly and specifically stipulates the probationary period of parole for life imprisonment.

Criminals sentenced to life imprisonment have a probationary period of 10 years for parole. The probationary period of parole is calculated from the date of parole.

Legal basis: Article 83 of the Criminal Law of the People's Republic of China? The probationary period of parole for fixed-term imprisonment is increased to the sentence that has not been completed; The parole probation period for life imprisonment is ten years.

The probationary period of parole is calculated from the date of parole.

The probationary period of parole for fixed-term imprisonment is limited to the sentence that has not been served; The probationary period of parole for life imprisonment is 10 years. Criminals who have been released on parole are not allowed to accept the probationary period of parole, and the public security organs are to supervise them. And the public security organs will make different treatments according to their different manifestations:

1) If a parolee commits a new crime during the probationary period of parole, regardless of whether the new crime is intentional or negligent, serious or misdemeanor, the parole shall be revoked, a judgment shall be rendered for the new crime, and the sentence imposed for the new crime shall be determined in accordance with the principle of combining punishment for multiple crimes as provided for in Article 71 of the Criminal Law. (2) During the probationary period for parole, if it is discovered that the parolee has not yet been convicted of a crime before the original judgment, and that the statute of limitations for the crime that has not been convicted has not expired, the parole shall also be revoked, a judgment shall be made for the crime for which there is no judgment, and the punishment for the unconvicted crime and the punishment already imposed for the previous crime shall be determined in accordance with the principle of combined punishment for multiple crimes as provided for in article 70 of the Criminal Law. Punishments that have already been served shall be counted within the sentence decided in the New Eggplant Judgment.

3) During the probationary period for parole, where the parole offender violates laws, administrative regulations, or provisions on the supervision and management of parole, and has not yet constituted a new crime, parole shall be revoked and returned to prison in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be continued. (4) During the probationary period for parole, the parolee complies with the provisions on parole, and without the three circumstances mentioned above, upon completion of the probationary period of parole, it is deemed that the original sentence has been served and shall be publicly announced.

Legal basis] Criminal Law of the People's Republic of China

Article 83:The probationary period for parole: The probationary period for fixed-term imprisonment is the sentence for which the sentence has not been completed; The parole probation period for life imprisonment is ten years. The probationary period of parole is calculated from the date of parole.