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The implementation measures for community corrections are as follows:
Persons in community corrections shall participate in educational and learning activities such as public morality, common sense of the law, and current affairs and policies, to strengthen their sense of the legal system, moral quality, and awareness of repentance and reform. Persons in community corrections participate in education and study for at least 8 hours per month; Persons in community corrections who have the ability to work shall participate in community service, repair social relationships, and cultivate a sense of social responsibility, collectivity, and discipline. Persons in community corrections participate in community service for at least 8 hours per month.
"Community corrections" refers to non-custodial punishment enforcement activities in which eligible convicts are placed in the community, and special state organs, with the assistance of relevant social groups and non-governmental organizations, and social volunteers, correct their criminal psychology and behavioral vices, and promote their smooth reintegration into society, within the time limit determined by the judgment, ruling, or decision. It is a form of execution as opposed to prison correction, and it is also a rational choice made by human beings to overcome the limitations of prison criminals who are prone to cross-infection and retributive punishment.
The scope of application of community corrections is as follows:
Regarding the scope of application of community corrections, community corrections mainly applies to four types of criminals under Cong Tongyin:
1) Those who have been sentenced to controlled release.
2) The reincarnation of a suspended sentence.
3) Those who have been temporarily serving their sentence outside of prison. Specifically, it includes: women who have serious illnesses and need to be released on medical parole, women who are pregnant or breastfeeding their own babies, and are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.
4) Those who have been sentenced to parole.
Laws and Regulations
Measures of the People's Republic of China for the Implementation of Community Corrections
Article 1: These Measures are drafted on the basis of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and other relevant legal provisions, and in consideration of the actual conditions of community corrections work, so as to lawfully regulate the implementation of community corrections and to transform persons in community corrections into law-abiding citizens.
Community Corrections Law of the People's Republic of China
Article 3: Community corrections work is to persist in combining oversight and management with education and support, and combining specialized organs with social forces, employing categorical management and individualized corrections, to specifically eliminate factors that might lead to recidivism among community corrections subjects, and to help them become law-abiding citizens.
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Legal Analysis: In order to further standardize the work of community corrections workers, and to strengthen the management of special populations and to innovate the management of special populations, judicial offices shall draft corrections plans for persons in community corrections, and formulate targeted measures for supervision, education, and assistance on the basis of a comprehensive assessment of the types of punishments, crimes, expressions of remorse, personality characteristics, and living environment to which persons in community corrections have been sentenced. According to the implementation effect of the correction plan, it will be adjusted in a timely manner.
Legal basis: "Measures for the Implementation of Community Corrections" Article 9: Judicial offices shall draft corrections plans for persons in community corrections, and on the basis of conducting a comprehensive assessment of the type of punishment to which persons in community corrections have been sentenced, the circumstances of the crime, expressions of remorse, personality characteristics, and living environment, and other such circumstances, they shall draft targeted measures for supervision, education, and assistance. According to the implementation effect of the correction plan, it will be adjusted in a timely manner.
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The Measures for the Implementation of Community Corrections are normative documents related to our country's Community Corrections Law, and the specific provisions include: the judicial-administrative organs are responsible for guiding, managing, and organizing the implementation of community corrections work; People's courts are to make judgments, rulings, or decisions in accordance with law on defendants or convicts who meet the requirements for applying community corrections.
Article 1. These Measures are drafted on the basis of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and other relevant legal provisions, and in consideration of the actual conditions of community corrections work, so as to lawfully regulate the implementation of community corrections, and to transform persons in community corrections into law-abiding citizens.
Measures for the Implementation of Community Corrections" Gao Tongchun.
Article 2. Judicial-administrative organs are responsible for guiding, managing, and organizing the implementation of community corrections work.
The people's courts are to make judgments, rulings, or decisions in accordance with law on defendants or convicts who meet the requirements for applying community corrections rotational losses.
The people's procuratorates are to carry out legal oversight of all aspects of law enforcement in community corrections in accordance with law.
Public security organs are to promptly handle persons in community corrections who violate the administration of public security provisions or who commit new crimes in accordance with law.
Legal Analysis: Community corrections specifically manages, educates, and participates in public welfare work. As the main body of community corrections work, the judicial organs will lawfully organize corrections subjects to participate in all kinds of community corrections activities. >>>More
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