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Anonymous users2024-02-06Execution of sentences outside of prison and commutation of sentences. Thanks :)
Criminal Procedure Law of the People's Republic of China
Article 214: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.
Convicts who may be dangerous to society if released on medical parole, or convicts who injure themselves or self-harm, must not be released on medical parole.
Where convicts truly have serious illnesses and must be released on medical parole, the hospital designated by the provincial-level people** is to issue a certificate and review and approve it in accordance with the procedures prescribed by law. Where it is discovered that a convict released on medical parole does not meet the requirements for medical parole, or seriously violates the provisions on medical parole, he shall be promptly returned to prison.
Convicts who have been sentenced to fixed-term imprisonment or short-term detention and are unable to take care of themselves, and whose temporary service of sentence outside of prison would not endanger society, may be temporarily served outside of prison.
For convicts temporarily serving their sentence outside of prison, the public security organ for their place of residence is to enforce it, and the enforcement organ shall strictly manage and supervise them, with the basic-level organizations or the convict's original unit assisting in oversight.
Article 221:Where a convict commits another crime while serving his sentence, or discovers a crime that was not discovered at the time of the judgment, the enforcement organ is to transfer it to the people's procuratorate for handling.
When convicts sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment truly show repentance or meritorious service during the period of enforcement, and shall be given commutation or parole in accordance with law, the enforcement organ is to submit a written recommendation and report it to the people's court for review and ruling.
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Anonymous users2024-02-05A sentence of three years is eligible for early release on parole, and the chances of release will be determined by the person's performance in prison. Those who conscientiously abide by prison rules, accept education and reform, truly show repentance, and do not endanger society after parole, may be released on parole.
On the basis of article 79 of the Criminal Law of the People's Republic of China, the enforcement organ is to submit a commutation recommendation to the people's court at the intermediate level or above for commutation of the sentence of criminals. The people's courts shall form a collegial panel to conduct trial, and rule to commute the sentence where there are truly facts of repentance and reformation or meritorious service. Sentences must not be commuted except through legally-prescribed procedures.
Article 82: Parole of criminals is to be carried out in accordance with the procedures provided for in article 79 of this Law. Parole is not allowed except through legal procedures.
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Anonymous users2024-02-04Parole is possible, but must serve a full year and a half of the sentence.
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Anonymous users2024-02-03Legal analysis: Parole can be applied, and whether it is obtained depends on whether the conditions are met. Criminals conscientiously abide by prison rules, accept education and reform, truly show repentance, and are not in danger of committing another crime, which is the substantive or key condition for the application of parole.
Where criminals have the following four aspects at the same time, they shall be considered to have "truly shown repentance": admitting guilt and refuting the law; Comply with the Code of Conduct for the Rehabilitation of Offenders and prison discipline; Actively participate in political, cultural, and technical studies; Actively participate in labor, take care of public property, and complete labor tasks.
Legal basis: Article 78 of the Criminal Law of the People's Republic of China: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there are any of the following major meritorious contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; (2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; (3) There are inventions, creations, or major technological innovations; (4) sacrificing oneself to save others in daily production or life; (5) Outstanding performance in resisting natural disasters or eliminating major accidents; (6) Other major contributions to the state and society.
The actual sentence to be served after commutation must not be less than the following periods: (Banquet Type 1) Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence; (2) Where a sentence of indefinite imprisonment is given, it must not be less than 13 years; (3) Where the people's courts restrict commutation of sentences in accordance with the provisions of paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 20 years.
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Anonymous users2024-02-02The sentence is three years, and the sentence is one and a half years after the sentence is completed and parole is completed. Parole is a system whereby criminals sentenced to fixed-term imprisonment or life imprisonment are conditionally released early after serving a certain period of prison because they have complied with prison rules, received good education and reform, and truly showed repentance and reform, so that they will no longer endanger society. Where a criminal who has been released on parole commits a new crime during the probationary period of parole, it does not constitute a recidivist.
1. Can I be released on parole for recidivism while serving my sentence?
Parole may not be granted for recidivism during the period of serving a sentence, because parole refers to a criminal sentenced to fixed-term imprisonment or life imprisonment, and if he or she conscientiously abides by prison rules, accepts education and reform, and truly shows repentance and reform, and will no longer endanger society, the judicial organs will conditionally release a criminal sentenced to early release after serving a certain period of time.
2. Can a person who commits another crime in the Orange Hole during his sentence still be released on parole?
Those who commit another crime while serving their sentence cannot be released on parole. If a person commits another crime while serving his sentence, which means that the convict is in danger of committing another crime, he does not meet the conditions for parole and cannot be released on parole. Parole is a system whereby criminals sentenced to fixed-term imprisonment or life imprisonment are conditionally released after serving a certain sentence because they have complied with prison rules, received education and reform, suffered from serious illness, or have shown genuine repentance and repentance, so that they will no longer endanger society.
3. What does parole mean?
Parole is a system whereby criminals sentenced to fixed-term imprisonment or life imprisonment are conditionally released early after serving a certain period of time because they have complied with prison rules, received education and reform, truly showed repentance, and will no longer endanger society. Where a criminal who has been released on parole commits a new crime during the probationary period of parole, it does not constitute a recidivist. Parole is an important system for the enforcement of criminal punishments in China's criminal law, and the correct use of parole and the release of criminals who have truly shown repentance and reform after serving a certain period of time and who do not need to continue to be detained and reformed into society for reform can effectively encourage criminals to obey education and reform, enable them to return to society at an early date, and help turn negative factors into positive factors.
1) The parole period is the probationary period of parole, and the probationary period of parole for fixed-term imprisonment is the sentence that has not been completed; The parole probation period for life imprisonment is ten years. 2) The probationary period of parole for criminals varies depending on the original sentence and execution. According to article 83 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 at the time of parole.
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.
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