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Anonymous users2024-02-12If a cancer patient is sentenced to fixed-term imprisonment or short-term detention, and needs to be released on medical parole for medical treatment at an advanced stage of cancer, he or she may temporarily serve his sentence outside of prison; If a sentence of life imprisonment is given, it may not be temporarily served outside of prison.
Where, before being transferred for enforcement, a convict submits an application for temporary service of sentence outside of prison in accordance with law due to serious illness, pregnancy, or a woman who is breastfeeding her own baby, or is unable to take care of herself, the people's court is responsible for organizing and conducting the diagnosis of the disease, pregnancy examination, and identification of the inability to take care of oneself.
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Anonymous users2024-02-11Legal analysis: whether a cancer patient should be imprisoned for a crime depends on the punishment given, if it is a criminal sentenced to fixed-term imprisonment or short-term detention, and the cancer is terminal and needs to be released on medical parole, it can be temporarily served outside of prison; If a sentence of life imprisonment is given, it may not be temporarily served outside of prison. Where, before being transferred for enforcement, a convict submits an application for temporary service of sentence outside of prison in accordance with law due to serious illness, pregnancy, or a woman who is breastfeeding her own baby, or is unable to take care of herself, the people's court is responsible for organizing and conducting the diagnosis of the disease, pregnancy examination, and identification of the inability to take care of oneself.
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 outside of prison:
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) 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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Anonymous users2024-02-10If a cancer patient is sentenced to fixed-term imprisonment or short-term detention, and needs to be released on medical parole for advanced cancer, he or she may be temporarily sentenced to prison for execution outside of prison; If a sentence of life imprisonment is given, it may not be temporarily served outside of prison. Where, before being handed over for enforcement, a convict submits an application for temporary service of sentence outside of prison in accordance with law due to serious illness, pregnancy, or a woman who is breastfeeding her own baby, or is unable to take care of herself, the people's court is responsible for organizing and conducting the diagnosis of the disease, pregnancy examination, and identification of the inability to take care of oneself.
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Anonymous users2024-02-09If a person with cancer is sentenced to fixed-term imprisonment or short-term detention, and if the cancer is advanced and needs to be released on medical parole, he may be temporarily served outside of prison; If they are sentenced to life imprisonment, they may not be temporarily served outside of prison.
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Anonymous users2024-02-08If a person with cancer is sentenced to fixed-term imprisonment or short-term detention, and if the cancer is terminal and needs to be released on parole, he may temporarily serve his sentence outside of prison; If a sentence of life imprisonment is given, it may not be temporarily served outside of prison.
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