After being sentenced to 7 years, can I serve my sentence outside of prison if I have been sitting f

The full name for serving a sentence outside of prison should be called temporary service of sentence outside of prison, and it refers to a system in which a criminal sentenced to life imprisonment, fixed-term imprisonment, or short-term detention is decided not to be transferred to prison for the time being, or after being transferred to prison, it is decided to temporarily serve a sentence outside of prison, and the community corrections establishment is responsible for enforcement. However, convicts who have been sentenced to death or whose death sentence has not been commuted are to be returned to prison for execution. If it is discovered in the course of enforcement that a temporary sentence should be served outside of prison, the enforcement organ shall submit a written opinion and report to the competent judicial organ for review and approval.

The period during which a convict is serving his sentence outside of prison shall be counted as the length of the sentence. When the reason for serving a sentence outside of prison disappears (e.g., recovery from illness, expiration of lactation), if the sentence is not completed, continue to serve in prison; If the sentence has expired, they should be released in a timely manner. According to the relevant provisions of the Criminal Procedure Law, a convict sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison in any of the following three circumstances:

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) They are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society. It can be seen from this that if the conditions for serving a sentence outside of prison are reviewed, a sentence of 10 years can also be served outside of prison. Legal basis:

Article 254 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) they have a serious illness and need to be released on medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) They are 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.

After being sentenced to a sentence outside of prison, he can usually be released within a month. "Execution outside of prison" refers to a system of enforcement of criminal punishments outside prison that temporarily changes the place and method of execution of criminal punishments due to certain circumstances provided for by law.

Criminal Procedure and Elimination of Litigation Law

Article 265.

Legal analysis: Criminals sentenced to fixed-term imprisonment or short-term detention may temporarily serve their sentences outside of prison if they have a serious illness that requires medical parole, are unable to take care of themselves, or are pregnant or breastfeeding women. Article 254 of the Criminal Procedure Law stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may be temporarily sentenced to serve his sentence outside of prison if he has any of the circumstances listed in the department

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;

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 254: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison: (1) they have a serious illness and need to be released on medical parole; (2) Women who are pregnant or breastfeeding their own infants;

Legal Analysis: A sentence of five years in prison can be served outside of prison as long as the conditions for serving outside of prison are met. Conditions for execution outside of prison:

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

2. Unable to take care of oneself, and applying temporary service of sentence outside of prison will not endanger society;

3) Women who are pregnant or breastfeeding their own infants.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 265: 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) they 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 oneself, the application of temporary service of sentence outside of prison will not endanger society.

If the people's court finds the person guilty and the punishment is above, then the convict needs to be reformed through labor in prison. However, some convicts may suffer from serious illnesses or have other statutory reasons, and in this case they may apply to the people's court for serving their sentence outside of prison. The period during which a convict is serving his sentence outside of prison shall be counted as the length of the sentence.

When the reason for serving the sentence outside of prison disappears (e.g., recovery from illness, expiration of breastfeeding), if the sentence has not yet been completed, the sentence shall still be returned to prison for enforcement; If the sentence expires, he shall be released in a timely manner. For convicts who meet the requirements for temporarily serving their sentence outside of prison, the people's court may make a direct decision when making a judgment. Where a people's court decides to temporarily serve a sentence outside of prison, it shall draft a "Decision Document for Temporary Service of Sentence Outside of Prison", indicating the basic circumstances of the convict, the charges and punishment determined in the judgment, and the reasons and basis for the decision, and send a copy to the people's procuratorate and the public security organ for the convict's place of residence.

In the course of enforcing judgments or rulings, the prison is to submit a written opinion to the provincial, autonomous region, or directly governed municipality prison management organ for approval of convicts who meet the requirements for serving their sentence outside of prison. Where convicts serving sentences in detention centers need to temporarily serve their sentence outside of prison, the detention center shall submit a written opinion and report it to the competent public security organ at the county level or above for review and decision. The organ that approves the temporary service of sentence outside of prison shall send a copy of the approval decision to the people's procuratorate.

In any of the following circumstances, convicts temporarily serving their sentence outside of prison shall be promptly returned to prison:

1) It is discovered that the requirements for temporary service of sentence outside of prison are not met;

2) Serious violations of provisions on the supervision and management of temporary enforcement of sentences outside of prison;

3) After the circumstances of temporarily serving a sentence outside of prison disappear, the convict's sentence has not yet been completed. Where the people's court decides that a convict temporarily serving his sentence outside of prison shall be returned to prison, the people's court is to make a decision and send the relevant legal documents to the public security organs, prisons, or other enforcement organs. Where convicts who do not meet the requirements for temporarily serving their sentence outside of prison are temporarily serving their sentence outside of prison through bribery or other illegal means, the period of serving their sentence outside of prison is not included in the enforcement of their sentence.

Where convicts escape during the period of temporary service of sentence outside of prison, the period of escape is not included in the period of serving the sentence. Where a convict dies while temporarily serving his sentence outside of prison, the enforcement organ shall notify the prison or detention center to be promoted at the time of the trip. In China's provisions on compulsory measures in criminal proceedings, there is no special provision that the sentence may be served outside of prison for a maximum of several years, but if the conditions for serving a sentence outside of prison are met, an application may be made to the people's court for execution outside of prison.

If the circumstances of serving a sentence outside of prison disappear, it is necessary for the people's court to return the convict to prison for enforcement.