How long does it take to approve a sentence for parole?

Updated on society 2024-03-24
3 answers
  1. Anonymous users2024-02-07

    Normally 30 days Where convicts sentenced to indefinite imprisonment or fixed-term imprisonment meet the requirements for parole as provided by law, the prison is to submit a parole recommendation to the people's court based on the evaluation results, and the people's court shall review and make a ruling within one month of receiving the parole recommendation; Where the case is complicated or the circumstances are special, an extension of one month may be granted. A copy of the parole ruling shall be sent to the people's procuratorate.

  2. Anonymous users2024-02-06

    Parole can only be applied for after the convict has served more than one-half of the original sentence, and parole is applied to the High People's Court by the prison authority. A ruling is made within one month of receiving a commutation or parole recommendation reviewed and approved by the prison management organ at the same level, and where the case is complicated or the circumstances are special, an extension of one month may be made.

    Article 449 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law shall be handled in accordance with the following distinct circumstances in cases of commutation and parole:

    1) The commutation of a convict sentenced to a suspended death sentence is to be ruled by the High People's Court for the place where the convict is serving his sentence on the basis of the commutation recommendation reviewed and approved by the prison management organ at the same level;

    2) The High People's Court for the place where the convict is serving his sentence is to make a ruling on commutation or parole for convicts sentenced to indefinite imprisonment within one month of receiving a written recommendation for commutation or parole reviewed and approved by the prison management organ at the same level, and may be extended by one month if the case is complicated or the circumstances are special;

    3) The intermediate people's court for the place where the convict is serving his sentence is to make a ruling within one month of receiving the commutation or parole recommendation submitted by the enforcement organ, and where the case is complicated or the circumstances are special, an extension of one month may be given;

    4) The Intermediate People's Court for the place where the convict is serving his sentence is to make a ruling on the commutation or parole of a convict sentenced to short-term detention or controlled release within one month of receiving a commutation or parole recommendation reviewed and approved by the enforcement organ at the same level.

    1. What are the conditions for parole?

    Article 81 of the Criminal Law of the People's Republic of China "Criminals sentenced to fixed-term imprisonment may be released on parole if they conscientiously abide by prison rules, accept education and reform, truly show repentance, and there is no 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.

    Parole is not like some criminals think, as long as they have spent half of their time in prison before they can apply for parole, and after the Supreme People's Court rejects the parole application, the prison authorities cannot submit parole applications one after another. It usually takes one month from the filing of the parole application to the decision.

  3. Anonymous users2024-02-05

    Legal Analysis: The duration of parole is 10 years for the term of parole for fixed-term imprisonment and 10 years for life imprisonment.

    Where a criminal on parole has not committed any illegal or criminal conduct during the parole period, upon completion of the probationary period for parole, it is deemed that the original sentence has been served and is publicly announced.

    Legal basis: Article 83 of the Criminal Law of the People's Republic of China: The probationary period for parole of fixed-term imprisonment is limited 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.

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