Can I apply for medical parole after receiving an arrest notice?

You can apply for medical parole, but now the control for medical parole is very strict. The procedure is much stricter than before.

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.

Hello: After receiving the arrest notice, you can apply for medical parole, and whether you approve it or not is someone else's business.

Hello, yes, if you need help, call us.

Medical parole is a system adopted by the people's courts or enforcement organs for serving sentences outside of prison for criminals who have already been sentenced because they meet the legal requirements. However, medical parole cannot be applied to criminal suspects who are detained in detention centers on suspicion of criminal offenses and have not yet been sentenced. If the criminal suspect meets the statutory requirements, he or his family may apply to the public security organs for release on guarantee pending further investigation.

The public security organs shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.

Legal basis: Article 65 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Article 95: Criminal suspects or defendants and their legally-designated persons, close relatives, or defenders have the right to apply for modification of compulsory measures. After the people's courts, people's procuratorates, and public security organs receive an application, they shall make a decision within 3 days; Where they do not agree to modify the compulsory measures, they shall inform the applicant and explain the reasons for not agreeing.

Those who have been arrested and have been arrested can only be released on bail pending further investigation before being sentenced, and cannot be released on medical parole. Release on guarantee pending further investigation is a temporary compulsory measure during the period of criminal proceedings, and the proceedings of the case must not be suspended during the period of release on guarantee. Conviction and sentencing are still to be carried out.

If he suffers from a serious illness after the judgment, he may be released on medical parole in accordance with law.