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Medical parole is a type of execution outside of prison. Serving of sentence outside of prison refers to the method of changing the execution of a convict sentenced to fixed-term imprisonment or short-term detention who is not suitable to serve his sentence in prison due to circumstances prescribed by law.
Generally, there are two situations: one is that the convict has a serious illness and needs to be released on medical parole; The second is women who are pregnant or breastfeeding their own babies. In addition, for criminals who have been sentenced to fixed-term imprisonment, short-term detention, or other punishments, but are unable to take care of themselves, and the use of sentences outside of prison will no longer endanger society, enforcement of sentences outside of prison may also be applied.
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Medical parole should be given before a life sentence or a term of imprisonment is given, because they can only do so while they are on the move.
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What is the first sentence to be imposed when applying for medical parole? This is a legal issue, and I am a little ignorant of the law, and I don't know what this sentence will be before I can apply for medical parole.
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To apply for medical parole, you must first have a certain medical condition before you can apply.
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I applied for medical parole, and the first sentence I should have been sentenced to was Xiaoxian Xian, three months in prison, and then observation.
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To apply for medical parole, you must first be sentenced to fixed-term imprisonment and criminal detention and are physically ill and unfit to go to prison, so that you can apply for medical parole.
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If the sentence is not severe, but only a few years, the person on medical parole can apply to the court for medical parole, provided that the prisoner on medical parole must be physically ill.
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Article 265 of the Criminal Procedure Law stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may temporarily serve his sentence outside of prison under any of the following circumstances: (1) he has a serious illness and needs 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.
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To apply for medical parole, you must first have been sentenced to a term of imprisonment before you can apply.
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What should be the first sentence to be imposed when applying for medical parole? So what kind of region do you want to see?
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To apply for medical parole, you should first be sentenced to what criminal law you should be, and you should be sentenced to fixed-term imprisonment, and then you can apply for medical parole when you are sick.
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If you ask for medical parole, you should be sentenced to what sentence you should be before you can be sentenced to the shape of your relatives.
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Medical parole is for inmates who have already been sentenced.
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Applying for medical parole should start with betrayal.
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What punishment should be imposed on medical parole first is determined according to the criminal law you have sentenced.
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Applying for medical parole has nothing to do with the level of sentencing, and you must be seriously ill and unfit to continue serving your sentence before you can be released on medical parole.
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Medical parole is a sentence. Where convicts truly have a serious illness and must be released on medical parole, and a hospital designated by the provincial-level people** diagnoses and issues supporting documents, they may temporarily serve their sentence outside of prison. Convicts who may be in danger of having no family or clan when they are released on medical parole, or convicts who have injured themselves by high self-inflicted injuries must not be released on medical parole.
[Legal basis].
Article 265 of the Criminal Law: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison: (1) they 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 probation outside of prison will not endanger society. 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.
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1. Conditions for sentencing on medical parole.
1) Those who are seriously ill and are at risk of death in the short term.
2) Convicts whose original sentence of life imprisonment or death sentence was commuted to indefinite imprisonment after a two-year suspension of enforcement are serving a sentence of 7 years or more from the time of serving indefinite imprisonment, or where a convict originally sentenced to fixed-term imprisonment is serving more than one-third of the period of the original sentence (where the sentence has already been commuted, it is calculated as the sentence after the commutation) (including the time of commutation), suffers from a serious chronic illness, and the treatment for a long period of limb modification 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) Those who are old and sick and have lost the possibility of harming society.
Article 265 of the Criminal Procedure Law of the People's Republic of China provides that convicts sentenced to fixed-term imprisonment or short-term detention may temporarily serve their sentence outside of prison in any of the following circumstances: they have a serious illness and need to be released on medical parole; Women who are pregnant or breastfeeding their own infants; He is unable to take care of himself, and the application of temporary service of sentence outside of prison will not endanger society.
2. How to go through the procedure for medical parole.
The procedure in general looks like this:
1. If a convict needs to be released on medical parole, the prison district shall discuss and approve it, report it to the prison administration department for review, and conduct a disability evaluation after the preliminary review is approved.
2. The prison shall send someone to lead the convict to the hospital designated by the provincial people. Based on the convict's condition, hospitals shall organize doctors from relevant departments to form an evaluation team of 3 or more people, responsible for issuing evaluation documents, attaching supporting documents such as diagnosis and auxiliary diagnosis, and signing and affixing a seal on the evaluation documents.
3. Before submitting a report for medical parole, the prison shall solicit the opinions of the public security organ for the location of the convict's family, and the public security organ shall promptly reply. A guarantor is required for a convict to be released on medical parole.
4. After receiving the decision that the convict has been approved for parole (after the prison review and reporting to the provincial bureau for approval), the prison shall promptly notify the guarantor, and the guarantor shall pay a deposit of 2,000 to 5,000 yuan to the prison and go through the formalities for release from prison.
3. Circumstances in which medical parole is not allowed:
1) Convicts sentenced to a two-year suspension of death are in the period of suspension of the death penalty;
2) The crime is serious and the public is very angry;
3) Self-harm or self-harm in prison in order to escape punishment.
Article 265 of the Criminal Procedure Law of the People's Republic of China provides that convicts sentenced to fixed-term imprisonment or short-term detention may temporarily serve their sentence outside of prison in any of the following circumstances: they have a serious illness and need to be released on medical parole; Women who are pregnant or breastfeeding their own infants; Unable to take care of oneself, the application of temporary service of sentence outside of prison will not endanger society.
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According to the notice of the Ministry of Justice, the Supreme People's Procuratorate, and the Ministry of Public Security on the issuance of the "Enforcement Measures for Convicts on Medical Parole", convicts who have been 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) they are seriously ill and are in danger of death in a short period of time; (2) Where convicts who were originally sentenced to indefinite imprisonment or a death sentence with a two-year suspension, and whose sentence was commuted to indefinite imprisonment and are serving a sentence of 7 years or more from the date of indefinite imprisonment, or where convicts originally sentenced to indefinite imprisonment have already had their original sentence commuted, more than one-third of the sentence after commutation is to be calculated, including the time for commutation, and they suffer from serious chronic illnesses and long-term treatment for spicing 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) Those who are old and sick and have lost the possibility of harming society.
The conditions and procedures for applying for medical parole must be that you cannot be seen in prison after being sick, and that you cannot see it in an outside hospital, so that you can apply for it.
Medical parole is an enforcement method whereby a convict suffers from a serious illness and is approved by the judicial authorities to allow him to be released for medical treatment outside of prison on bail in accordance with the relevant laws and policies of the state. It is also known as medical treatment outside of prison, which is a type of execution outside of prison and is the embodiment of humanitarianism. >>>More
It is impossible to be released on medical parole in such a situation! In prison, there are strict regulations on the conditions for medical parole, and in layman's terms, the prisoner has any disease, and if he does not go out, he will die in prison, so that he can be released on medical parole. Of course, there are also some people who are not terminally ill, but have minor diseases, or even those who are not sick, but they have been released on medical parole, but it costs a lot of money and can only be opened up layer by layer. >>>More
Of course, it is the lawyer who files the application for medical parole.
As long as the requirements for medical parole are met, medical parole can be obtained.