Serving outside of prison is to be outside the prison Why should it be served outside of prison?

For convicts who meet the conditions for temporarily serving their sentence outside of prison, the people's court may make a direct decision when making a judgment. Where a people's court decides to temporarily serve a sentence outside of prison, it shall draft a "Decision Document for Temporary Service of Sentence Outside of Prison", indicating the basic circumstances of the convict, the charges and punishment determined in the judgment, and the reasons and basis for the decision, and send a copy to the people's procuratorate and the public security organ for the convict's place of residence. In the course of enforcing judgments or rulings, the prison is to submit a written opinion to the provincial, autonomous region, or directly governed municipality prison management organ for approval of convicts who meet the requirements for serving their sentence outside of prison.

Where convicts serving sentences in a detention center or short-term detention center need to temporarily serve their sentence outside of prison, the detention center or short-term detention facility shall submit a written opinion and report it to the competent public security organ at the county level or above for review and decision. The organ that approves the temporary service of sentence outside of prison shall send a copy of the approval decision to the people's procuratorate. On the basis of relevant provisions, community corrections are to be carried out for convicts temporarily serving their sentence outside of prison, and basic-level organizations or the convict's original unit are to assist in conducting supervision, and the enforcement organs shall strictly manage and supervise convicts temporarily serving their sentence outside of prison.

For convicts who decide to temporarily serve their sentence outside of prison while serving their sentence, the original enforcement organ shall notify the public security organ responsible for serving the convict's sentence and reform, so that it can conduct targeted management and supervision of the convict: The public security organ responsible for enforcement shall inform the convict that they must accept supervision and reform and comply with the relevant provisions during the period of temporary service of sentence outside of prison. Legal basis:

Article 254 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 be temporarily served outside of prison in any of the following circumstances: (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 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.

A special method of enforcing criminal punishments where convicts sentenced to fixed-term imprisonment or short-term detention need to be released on medical parole because they suffer from serious illnesses, or where women are pregnant or breastfeeding their own babies, and are not suitable to serve their sentences in prisons or other places of re-education through labor, may be temporarily enforced by the public security police substation for the convict's original place of residence, and with the assistance and supervision of the basic level organization or unit to which the convict belongs.

It's still different from ordinary people, for example, you have to report to the local judicial department on a regular basis, and the judicial department will also go to the vicinity of your place of residence to find out about your situation. If you have committed an offence during the period of serving your sentence outside of prison or if the conditions for serving your sentence outside of prison have been lost, you may be reincarcerated to serve your sentence.

"Serving a sentence outside of prison" refers to an alternative method of enforcement that a convict sentenced to fixed-term imprisonment or short-term detention should have served his sentence in a prison or other place where he or she should have served his sentence in a prison or other place where he or she was not allowed to serve his sentence due to some special circumstances prescribed by law. However, convicts who have been sentenced to death or whose death sentence has been suspended for 2 years and whose sentence has not been commuted are not allowed to serve their sentence outside of prison.

Execution outside of prison is to change the sentence imposed on the offender from imprisonment to non-imprisonment, which means that the offender will leave the custody and supervision of the prison within a certain period of time and return to society to carry out the sentence, and there is an essential difference between imprisonment and non-imprisonment.

Therefore, in order to prevent the offender from endangering society again and to maintain normal social order, there are certain conditions for the decision to temporarily serve the sentence outside of prison.

Paragraph 1 of Article 265 of China's Criminal Procedure Law stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison under any of the following circumstances: (1) he or she 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.