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Where a party has been sentenced to four years in accordance with law and has already served half a year's sentence, they may apply for service of sentence outside of prison in accordance with law, as long as it complies with the provisions of law.
Article 254: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.
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It can be any time, to put it bluntly, in addition to terminal illness, cancer can only be executed if it is terminal, and it may not be possible to execute it outside of prison in the early stage.
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Legal Analysis: Under normal circumstances, it is not possible to serve sentences outside of prison.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 254: Convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison if they have 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) Where 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 if they have the circumstances provided for in item 2 of the preceding paragraph.
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A sentence of three years or more may be served outside of prison. According to the law, the off-prison trip specifically refers to a criminal punishment enforcement system in which the convict temporarily changes the place and method of execution of the criminal punishment due to certain circumstances prescribed by law, and executes the punishment outside the prison.
Article 265 of the Criminal Procedure Law of the People's Republic of China.
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After sentencing, they may serve their sentence outside of prison, but they need to meet the requirements for serving their sentence outside of prison. Those who have a serious illness and need to be released on medical parole; Women who are pregnant with a handstool or who are breastfeeding their own infants; Offenders who are unable to take care of themselves and who are temporarily serving their sentence outside of prison and do not endanger society may apply for serving their sentence outside of prison. When the reason for serving the sentence outside of prison disappears (e.g., recovery from illness, expiration of breastfeeding period, etc.), if the sentence has not yet been completed, continue to serve in prison; If the sentence has expired, they should be released in a timely manner.
Article 265 of the Criminal Procedure Law of the People's Republic of China.
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It is determined on a case-by-case basis. Criminals who have been sentenced to fixed-term imprisonment may temporarily serve their sentence outside of prison if they have a serious illness that requires caution, they need to be released on medical parole, they are unable to take care of themselves, or if they are pregnant or breastfeeding. If they conscientiously abide by prison rules and accept education and reform during the period of serving their sentences, they truly show repentance and reform.
You may apply for commutation or parole.
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