Can I be on parole again after my parole is revoked and I am on my way to serving my sentence?

After parole is revoked, whether or not parole can be re-released depends on the reason for the revocation of parole, and if it is a recidivism revocation, parole is generally not permitted.

Relevant legal provisions

Criminal Law of the People's Republic of China

Article 86: [Revocation of Parole and Its Disposition]Where a criminal on parole commits a new crime during the probationary period for parole, his parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of this Law.

Where, during the probationary period for parole, it is discovered that the criminal on parole had other crimes that had not been convicted before the verdict was announced, the parole shall be revoked and punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law.

Where, during the probationary period for parole, criminals on parole have conduct that violates laws, administrative regulations, or the provisions of relevant departments on the supervision and management of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases

Article 30: Convicts whose parole has been revoked in accordance with Criminal Law article 86 generally must not be released on parole. However, convicts whose parole has been revoked in accordance with paragraph 2 of this article may be released on parole again if the convict has made a truthful confession of the crime that was omitted but was not confirmed in the original judgment, or if the crime was omitted because he voluntarily surrendered and meets the requirements for parole.

Convicts whose parole has been revoked and meet the requirements for commutation after being taken into prison may have their sentence commuted, but the starting time for commutation is calculated from the date on which they are transferred to prison.

According to the substantive conditions of parole and the significance of legislation, parole is to conscientiously abide by the prison rules, accept reform, and indeed show repentance, and do not endanger society before parole can be applied. If it meets the statutory requirements, I think it should be possible.

It is estimated that he has already constituted a recidivist and will not be released on parole.

No, you have to enforce half of the original sentence.

Parole will still be granted if the statutory circumstances are met.

Zongheng Legal Network Guizhu lawyer.

1 It depends. Parole is not possible if it is revoked for a reoffence.

2 Other reasons. For example, if there are physical reasons or the case itself meets the relevant provisions, parole may be granted again.

Whether parole can be revoked After parole is revoked, whether parole can be released again depends on the reason for the revocation of parole, and if it is a recidivism revocation, parole is generally not granted.

Yes, there is a chance of commutation and parole.

After the people's court rules that the criminal is released on parole, the criminal must abide by the relevant provisions of the parole period, and if the violation of the relevant provisions is serious or the crime is repeated, the parole will be revoked by the people's court, so whether the parole can be revoked again after the parole is revoked.

Legal analysis: According to the provisions of the relevant laws of the country, if a criminal violates the relevant provisions after being released on parole, he shall revoke his parole in accordance with legal procedures and return him to prison to serve the sentence that has not been completed.

Legal basis: "Criminal Law of the People's Republic of China" Article 86: Where a criminal released on parole commits a new crime during the probationary period of parole, his parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of this Law. Where, during the probationary period for parole, it is discovered that the criminal on parole had other crimes that had not been adjudicated before the verdict was announced, the parole shall be revoked and punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law.

Where, during the probationary period of parole, there is conduct that violates laws, administrative regulations, or the provisions of the relevant departments on the supervision and management of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legal procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

The number of days of administrative detention is deducted from the sentence, that is, the original sentence of one year imprisonment minus the number of days of administrative detention is the number of days the criminal is sent to prison for enforcement.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Criminal Procedure Law of the People's Republic of China

Paragraph 2 of Article 357 stipulates that a people's court's ruling to revoke a suspended sentence or parole shall take effect immediately once it is made. In other words, the sentence of the convict Xu should be executed from the date on which the ruling to revoke the suspended sentence is made.

In accordance with Article 47 of the Criminal Law of the People's Republic of China, the term of fixed-term imprisonment is calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

The number of days the offender is in administrative detention should be regarded as being detained before the execution of the sentence, and therefore the sentence should be deducted. If the number of days of administrative detention cannot be deducted from the sentence, it undoubtedly violates the principle of "no penalty for any matter". The parole system is an important execution system in China, carrying China's penal policy of combining punishment and leniency.

Article 81 of the Criminal Law stipulates that criminals sentenced to fixed-term imprisonment may be released on parole if they serve more than half of the original sentence, and criminals sentenced to life imprisonment may be released on parole if they conscientiously abide by prison rules, accept education and reform, truly show repentance, and will not endanger society again after parole.

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. It can be seen from this that the substantive condition for the application of parole is "true repentance", that is, through a certain period of ideological education and labor reform, the criminal has a deep understanding of his own crimes, and has the attitude and behavior of admitting guilt and obeying the law, reforming his past wrongs, and being a new person.

Article 83 of the Criminal Law stipulates that the probationary period of parole for fixed-term imprisonment shall be the sentence that has not been completed; The probationary period of parole for life imprisonment is 10 years. The probationary period of parole is calculated from the date of parole.

Article 86 stipulates that if a criminal on parole commits a new crime during the probationary period of parole, his parole shall be revoked, and the punishment for multiple crimes shall be combined in accordance with the provisions of Article 71 of this Law. Where, during the probationary period for parole, it is discovered that the criminal on parole has other crimes that have not been convicted before the verdict is announced, the parole shall be revoked and punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law.

Where a criminal on parole has conduct that violates laws, administrative regulations, or the public security department's provisions on the supervision and management of parole during the probationary period of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

It can be seen that parole is a kind of conditional early release, which only retains the possibility of serving the unfinished sentence during the probationary period, and the probationary period is not the execution period of the sentence. The purpose of its establishment is to continue to educate and reform parolee offenders, so that they can strictly restrain themselves, change their evil to good, and become new people.