-
After the out-of-prison execution disappears, it is necessary to see whether the sentence has been completed, and if it is not completed, it is necessary to continue to serve the sentence.
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 oversight, 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.
After the circumstances of temporarily serving a sentence outside of prison disappear, where the convict's sentence has not yet been completed, he shall be promptly returned to prison. Where a people's court decides to temporarily serve a convict's sentence outside of prison while making a judgment or ruling, the public security organ responsible for enforcement shall notify the people's court to transfer the convict for enforcement in accordance with law. If the convict is temporarily sentenced to serve his sentence outside of prison during the course of enforcement, the public security organ responsible for enforcement shall notify the prison or other enforcement organ to take him into custody.
Where a convict's sentence is completed in the course of temporarily serving his sentence outside of prison, the original prison or other enforcement organ shall handle release formalities. Where a convict dies during the period of temporary service of sentence outside of prison, the public security organ responsible for enforcement shall promptly notify the prison where he was originally held or other enforcement organs.
Conditions applicable to temporary execution of sentence outside of prison:
Article 265 of the Code of Criminal Procedure clearly stipulates that one of the following circumstances must be met: 1The offender has a serious illness and needs to be released on medical parole.
Convicts who may be dangerous to society if released on medical parole, or convicts who injure themselves or self-harm, must not be released on medical parole. Where convicts truly have serious illnesses and must be released on medical parole, the hospital designated by the provincial-level people** is to issue a certificate and review 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 has seriously violated the provisions on medical parole, it shall be promptly returned to prison for enforcement.
2.The offender is pregnant or breastfeeding her own baby. The duration of breastfeeding is calculated 1 year after the birth of the baby.
3.Convicts are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.
-
There are many requirements, such as not being able to leave the local area, reporting their whereabouts and thoughts every day, and not committing further crimes while serving their sentences outside of prison.
-
1. Can extra-prison enforcement personnel work normally?
1. It is not allowed to work outside of prison. Serving a sentence outside of prison is also a criminal punishment, which has restrictions on personal freedom and rights, and during the period of serving a sentence outside of prison, one cannot leave the place of residence or the place of household registration for a long time. Where the people's procuratorate finds that the temporary service of sentence outside of prison is improper, it shall send a written opinion to the organ that approved the temporary service of sentence outside of prison within one month of receiving the notice, and after the organ approving the temporary service of sentence outside of prison receives the written opinion of the people's procuratorate, it shall immediately conduct a new review of the decision.
2. Legal basis: 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 be temporarily served outside of prison in any of the following circumstances:
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. Orange stool convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison if they have 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 the payment is handed over to the prison for enforcement, the prison or detention center is to submit a written opinion and report to the prison management organ at or above the provincial level or the public security organ at the districted city level or above for approval.
2. What are the requirements for serving a sentence outside of prison?
The conditions required for serving an extra-prison sentence are as follows:
1. Those who have a serious illness and need to be released on medical parole;
2. Women who are pregnant or breastfeeding their babies;
3. Unable to take care of oneself, and the application of temporary service of sentence outside of prison will not endanger society.
-
They can work normally, but they must comply with the regulations of the enforcement agency and complete the corresponding community corrections. However, it should not be easy for out-of-prison officers to find a job. This system is a policy of care for criminal suspects who meet special conditions, and is designed to ensure the basic rights of such criminal suspects.
Article 265 of China's Criminal Procedure Law stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may be temporarily sentenced to serve his sentence outside of prison under any of the following circumstances: he or she has a serious illness and needs 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. Convicts sentenced to indefinite imprisonment for blind filial piety may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.
-
It is the responsibility of the guarantor to assist in the execution of the sentence outside of prison, and to supervise the execution of the sentence outside the prison and the retrograde, and if any abnormal situation is discovered during the execution process, it should be reported in a timely manner.
Legal basis: Article 12 of the Provisions on Temporary Enforcement of Sentence Outside of Prison provides that during the period of temporary service of sentence outside of prison, the guarantor shall perform the following obligations:
1) Assist community corrections establishments in overseeing the guarantor's compliance with laws and relevant provisions;
2) Where it is discovered that the person being guaranteed has left the city or county of residence without authorization, or has changed their place of residence, or has committed a crime in the town of Eggplant, or that the circumstances requiring medical parole have disappeared, or that the person being guaranteed has died, immediately report it to the community corrections establishment;
4) Supervise and assist the person being guaranteed in performing their obligations to periodically review their condition and report to the community corrections establishments in accordance with provisions.
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. >>>More
A special method of enforcing criminal punishments that have been sentenced to fixed-term imprisonment or short-term detention and need to be released on medical parole because they suffer from a serious illness, or that women are pregnant or breastfeeding their own babies, and are not suitable to serve their criminal punishments in prisons or other re-education through labor facilities, 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. >>>More
The full name for serving a sentence outside of prison should be called temporary service of sentence outside of prison, and it refers to a system in which a criminal sentenced to life imprisonment, fixed-term imprisonment, or short-term detention is decided not to be transferred to prison for the time being, or after being transferred to prison, it is decided to temporarily serve a sentence outside of prison, and the community corrections establishment is responsible for enforcement. However, convicts who have been sentenced to death or whose death sentence has not been commuted are to be returned to prison for execution. If it is discovered in the course of enforcement that a temporary sentence should be served outside of prison, the enforcement organ shall submit a written opinion and report to the competent judicial organ for review and approval. >>>More
<>2. After entering the first page of the official website of the China Enforcement Information Disclosure Network, find the person subject to comprehensive inquiry and click to enter. >>>More
Code of Civil Procedure
Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. >>>More