Who should apply for medical parole for a prisoner in a detention center?

Of course, it is the lawyer who files the application for medical parole.

Legal analysis: (1) Go to the hospital designated by the provincial people** to issue certification documents;

2) Fill out the "Solicitation of Opinions on Convict's Parole for Medical Treatment" and obtain the opinions of the prisoner's family and the local public security organ. The guarantor and the insured shall sign or affix their seals to the Letter of Release on Parole for Convicts;

3) For convicts who need to be released on medical parole, the detention center is to fill out the "Approval Form for Convict Parole for Medical Treatment", and report it to the examination and approval organs for approval together with the "Solicitation of Opinions on Convict Parole for Medical Treatment", relevant disability evaluations, and the opinions of the local public security organs; At the same time, a copy of the above should be sent to the dispatched agency responsible for the procuratorial task.

4) When convicts are released on parole, they should write out an appraisal opinion on the convict's release from the facility, issue a "Certificate of Convict Blind Group Rolling on Medical Parole", and educate the convict on abiding by discipline and law and accepting the supervision of the public security organs, and at the same time, promptly send a copy or copy of the "Approval Form for Convict Parole for Medical Parole", "Appraisal Form for Convict on Parole", and the people's court's judgment to the public security organ and people's procuratorate at the same level where the convict's family is located.

The bailer shall have the ability to discipline and educate convicts released on medical parole, and have certain economic conditions. The public security organs are responsible for reviewing the qualifications of the bailarant.

Legal basis: Notice of the Ministry of Justice, Supreme People's Procuratorate, and Ministry of Public Security on Printing and Distributing the "Enforcement Measures for Convicts on Medical Parole" Article 2: Convicts sentenced to life imprisonment, fixed-term imprisonment, or short-term detention may be granted medical parole in any of the following circumstances during the period of reform:

1) Those who are seriously ill and are at risk of death in the short term.

2) Convicts whose original sentence of indefinite imprisonment or death sentence was commuted to indefinite imprisonment after a two-year suspension of enforcement is to serve a sentence of 7 years or more from the date of enforcement of the indefinite sentence, or where the convict originally sentenced to fixed-term imprisonment is serving more than one-third of the original sentence (where the sentence has already been commuted, it is calculated as the sentence after commutation) (including the time for commutation), suffers from a serious chronic illness and long-term medical treatment is ineffective. However, if the condition deteriorates and there is a risk of death, and the transformation performance is better, the above time limit may be exempted.

3) Those who are physically disabled and have difficulty taking care of themselves.

4) Old age and sickness, who have lost the possibility of harming or grasping society.

Legal Analysis: Medical parole is for prisoners, and criminal detention or arrest of criminal suspects in detention centers is not applicable to medical parole, and release on bail pending trial is used to solve the problem.

Legal basis: "Regulations of the People's Republic of China on Detention Centers" Article 26: Detention centers shall be equipped with necessary medical equipment and commonly used medicines. If a person falls ill, he shall be given a prompt treatment**; If it is necessary to go to the hospital**, the local hospital shall be responsible**; Those who are seriously ill may be released on guarantee pending further investigation in accordance with law.

Illegal cohabitation refers to the fact that a man and a woman live together in the name of husband and wife without going through the marriage registration formalities, and the masses also consider it to be a kind of cohabitation between husband and wife. Bigamy refers to the act of marrying another person with a spouse or marrying another person knowing that he or she has a spouse, whether it is reunion or cohabitation, which is an act that violates the Law on Promoting and Deferring Filial Piety, and there is an essential difference between the two. Bigamy refers to the criminal act of violating the provisions of the Criminal Law, that is to say, a person who has a spouse marries another person or marries another person knowing that the other person has a spouse, so he commits the crime of bigamy, and the age of the person who commits the crime of bigamy can be sentenced to fixed-term imprisonment of not more than two years or criminal detention according to the provisions of the Criminal Law.

Illegal cohabitation, on the other hand, refers to the act of living together with a spouse or a person of the opposite sex outside of marriage without continuing and stably living together in the name of husband and wife. There are three elements for constituting an unlawful cohabitation, the first is the presence of a spouse and the second is not in the name of husband and wife. Third, they live together continuously and stably.

If these three conditions are met, the person who has a spouse illegally cohabits with another person, which is a serious violation of the provisions of the Marriage Law, and the innocent party of the legal husband and wife may claim damages, but this behavior does not violate the provisions of the Criminal Law. If a person who has a spouse continues to live a stable life in the name of his or her husband and wife, it constitutes the crime of bigamy and should be investigated for criminal liability.

Article 5 of the "Provisions on Temporary Enforcement of Sentence Outside of Prison" may temporarily serve their sentence outside of prison in any of the following circumstances: (1) Suffering from a serious illness that falls within the scope of "Serious Illness on Parole" attached to these Provisions and requires medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) Those who are unable to take care of themselves. 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.

In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily released on medical parole for medical treatment outside of prison: (1) they have a serious illness that requires medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) Those who are unable to take care of themselves and are temporarily assigned to the Executive Bureau outside of prison will not endanger society. 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 the perpetrator of the crime is truly seriously ill and must be released on medical parole, the hospital designated by the provincial-level people** shall diagnose and issue supporting documents.

Legal basisArticle 265 of the Code of Criminal Procedure.

Convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison in any of the following circumstances: (1) they have a serious illness that requires medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) They are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

Legal Analysis: (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) They are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

Legal basis: Article 265 of the Criminal Procedure Law of the People's Republic of China: 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) they have a serious illness that requires medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) Where they are unable to take care of themselves, and are temporarily serving their sentence outside of prison or do not endanger society.

Convicts who may be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on parole for medical treatment. 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.