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1. Suffering from serious illness and in danger of death in a short period of time;
2. Those who are physically disabled and have difficulty taking care of themselves;
3. Old and sick, it has lost the possibility of harming society.
The sickness and disability of convicts released on medical parole shall comply with the provisions of the "Scope of Illness and Disability for Convicts on Parole for Medical Treatment".
The following criminals are not allowed to be released on medical parole in accordance with the law.
1. Convicts sentenced to a two-year suspension of death are in the period of suspension of execution;
2. The crime is severely punished and the public is very angry;
3. Self-injury or self-harm while serving a prison sentence.
II. Examination and Approval Procedures.
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. Agree.
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Convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in any of the following circumstances:
1. Suffering from serious illness and in danger of death in a short period of time;
2. Those who are physically disabled and have difficulty taking care of themselves;
3. Old and sick, it has lost the possibility of harming society.
Convicts on medical parole shall meet the requirements of the "Scope of Illness and Disability for Convicts on Parole for Medical Treatment", and the following convicts are not allowed to be released on medical parole for medical treatment in accordance with the law.
1. Convicts sentenced to a two-year suspension of death are in the period of suspension of execution;
2. The crime is severely punished and the public is very angry;
3. Self-injury or self-harm while serving a prison sentence.
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Legal Analysis: The applicable conditions for medical parole are: 1. Those who have a serious illness and must be released on medical parole; 2. Diagnosis and issuance of certification documents by the hospital designated by the provincial people's **; 3.
The decision is to be made by the people's court that handed over the enforcement. 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.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 265: 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 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.
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. 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 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.
Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.
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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.
Medical parole is a law that stipulates that convicts sentenced to death with a two-year reprieve, life imprisonment, fixed-term imprisonment, or short-term detention are released on bail for medical treatment outside of prison with the approval of the relevant departments due to physical illness. Medical parole is a type of execution outside of prison.
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The condition for medical parole is that a convict sentenced to life imprisonment, fixed-term imprisonment or short-term detention suffers from a serious illness and is released on bail for medical treatment outside of prison with the approval of the relevant authorities. It is a type of execution outside of prison.
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 speaking, there are two cases:
1) The convict has a serious illness and needs to be released on medical parole;
2) 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.
There are generally three situations in which temporary service of sentence outside of prison occurs:
1) Have a serious illness and need to be released on medical parole;
2) Women who are pregnant or breastfeeding their own babies.
3) Those who cannot take care of themselves.
There are two types of decisions to temporarily serve a sentence outside of prison:
One is where it is necessary to temporarily serve a sentence outside of prison for convicts who have not been transferred to prison to enforce their sentences after the judgment or ruling takes effect, the people's court is to decide to temporarily serve their sentence outside of prison;
The other is when it is necessary to temporarily serve a sentence outside of prison during the period of enforcement of the sentence, and the prison shall decide to temporarily serve the sentence outside of prison, also known as medical parole.
The law also stipulates that if a convict has a serious illness and must be released on medical parole, the hospital designated by the provincial-level people's ** shall issue a certificate and examine and approve it in accordance with the procedures prescribed by law. Where it is discovered that a convict released on medical parole does not meet the requirements for medical parole, or seriously violates the provisions on medical parole, he shall be promptly returned to prison.
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According to Article 18 of the "Regulations on the Administration of Medical Parole", in accordance with the provisions of law, convicts sentenced to fixed-term imprisonment (including commutation to fixed-term imprisonment) or short-term detention may be granted medical parole in any of the following circumstances:
1) Those who have a serious illness and need to be outside of prison**;
2) Those who are physically disabled and find it difficult to take care of themselves;
3) Those who are old and sick and have lost the possibility of harming society.
Article 3: The following convicts are not allowed to be released on medical parole:
1. Convicts sentenced to a two-year suspension of death are in the period of suspension of execution;
2. The crime is serious and the public is very angry;
3. Self-harm and self-harm in prison in order to escape punishment.
Article 20: Convicts on medical parole are to be discussed and approved by the squadron or brigade committee of the prison where they belong, reported to the prison administration department for review, and after the initial review is approved, an evaluation of the disability is to be conducted.
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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) 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 are serving a sentence of 7 years or more from the date of serving indefinite imprisonment, or convicts who were originally sentenced to fixed-term imprisonment are 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 commutation) (including the time of commutation), suffering 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) Those who are old and sick and have lost the possibility of harming society.
The following offenders are not allowed to be released on medical parole:
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.
Medical parole for recidivists, habitual offenders, and counter-revolutionary offenders is strictly controlled, and medical parole for juvenile offenders, veteran offenders, and female offenders is appropriately relaxed.
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Those who are seriously ill, physically disabled, and have difficulty taking care of themselves.
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First of all, you're sick! The hospital has determined that you are no longer physically fit to continue serving your sentence!
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According to the "Measures for the Enforcement of Medical Parole", the conditions for convicts to be released on medical parole are as follows:
1) Convicts may be granted medical parole in any of the following circumstances while serving their sentences:
Those who are seriously ill and at risk of death in the short term;
Convicts who were originally sentenced to indefinite imprisonment or a death sentence with a two-year suspension and then commuted to fixed-term imprisonment are serving a sentence of 7 years or more from the time of serving indefinite imprisonment, or convicts who were originally sentenced to fixed-term imprisonment are serving more than one-third of their original sentence (including the commutation period) of their original sentence (where the sentence has already been commuted, it is calculated on the basis of the sentence after commutation), and suffer from 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.
Those who are physically disabled and have difficulty taking care of themselves;
Those who are over 60 years old, frail and sickly, and have lost the possibility of harming society.
2) Convicts in any of the following circumstances are not allowed to be released on medical parole:
Convicts sentenced to death with a two-year reprieve; Where the convict sentenced to life imprisonment is serving a life sentence;
The crime is serious and the public is very angry;
Self-harm or self-harm in prison in order to escape punishment.
3) In any of the following circumstances, convicts released on medical parole are to be returned to prison for enforcement:
After **, the disease has been cured or the condition has basically improved, but the sentence has not yet been completed;
fraudulently obtaining medical parole;
deliberately delaying the time for medical parole by means of self-injury, self-harm, or deception;
Those who do not seek medical treatment after being released on medical parole;
violating supervision and management provisions and not changing after education;
Failing to report to the public security organs at the prescribed time without a legitimate reason;
Breaking the law and committing crimes.
4) Where convicts released on medical parole have any of the following circumstances during the period of medical parole, they are not included in the enforcement of the sentence:
obtaining medical parole by deception by various improper means;
self-injury, self-harm, deception, or other means of deliberately delaying the time for medical parole;
Going out without the approval of the public security organs or having serious violations of laws and regulations.
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Medical parole is a type of execution outside of prison. According to the provisions of law, convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in any of the following circumstances:
1. Suffering from a serious illness;
2) Those who are physically disabled and find it difficult to take care of themselves;
3) Those who are old and sick and have lost the possibility of harming society.
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