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Hello, parole does not mean that the sentence is completed, but that the prisoner is temporarily serving his sentence outside of prison due to illness or other things, and he may be imprisoned at any time during the parole period! Thank you.
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It does not mean that the execution of the criminal law has been completed, and only the end of parole means that the execution of the criminal law has been completed.
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Because of the good performance, according to the completion of the execution, that is, the assuming release, and the expiration of the crime is not committed, it is deemed to have completed the execution.
Criminal law. Article 81: [Requirements for the Application of Parole]Criminals sentenced to fixed-term imprisonment are to serve more than half of the original sentence, and criminals sentenced to indefinite imprisonment are to be sentenced to 13 years or moreIf they conscientiously abide by prison rules, accept education and reform, truly show repentance, and are not in danger of committing another crime, they may be released on parole. If there are special circumstances, upon approval by the Supreme People's Court, the above-mentioned restrictions on the enforcement of sentences may be waived.
Parole shall not be granted to repeat offenders and criminals who have been sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances, or organized violent crimes.
When parole is decided on a criminal, consideration shall be given to the impact of parole on the community in which he or she lives.
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Generally speaking, it can be understood in this way.
Parole: It is an early release with conditions attached.
In essence, this is a kind of enforcement system of criminal punishment, which is a kind of preferential or discounted sentence given to criminals in order to better encourage them to reform! This must be made clear.
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This is not the completion of the sentence, because parole is a kind of parole, so it depends on the performance during the parole period.
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Parole refers to a criminal sentenced to fixed-term imprisonment or life imprisonment, and if a criminal sentenced to fixed-term imprisonment or life imprisonment conscientiously abides by prison rules, accepts education and reform, truly shows repentance and reform, and will no longer endanger society, the judicial organs will conditionally release him early after serving his sentence for a certain period of time.
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The parole system in our country does not mean that your sentence has already been executed, it just does not need to be carried out centrally in prison.
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Parole. Just listen to the name.
Fake release.
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At the completion of the parole period, if the criminal complies with the relevant provisions, the criminal punishment shall be completed. At the end of the period, the original sentence will be deemed to have been served and a public announcement will be made. However, if the offender commits a new crime or misses a crime during the parole period, the parole will be revoked.
Legal basisArticle 85 of the Criminal Law of the People's Republic of China.
For criminals released on parole, community corrections are to be carried out in accordance with law during the probationary period of parole, and if there are no circumstances provided for in article 86 of this Law, and the probationary period of parole is completed, it is to be considered that the original sentence has been served and is to be publicly announced.
Article 86.
Where a criminal on parole commits a new crime during the probationary period of parole, parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of this Law. Where, during the probationary period for parole, it is discovered that the criminal on parole had other crimes that had not been convicted before the verdict was announced, the parole shall be revoked and punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law. Where, during the probationary period of parole, offenders who have violated laws, administrative regulations, or the provisions of the relevant departments on the supervision and management of parole, and have not yet constituted a new crime, shall revoke their parole in accordance with legal procedures and return them to prison to serve the uncompleted punishment.
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Parole is not considered to be the completion of the sentence, and if there are no of the following three circumstances during the parole examination period, the trial period is completed, and the execution of the sentence shall be declared complete:
1. During the probationary period of parole, whether there are any crimes that have not been judged before the judgment is announced;
2. Whether he has committed a new crime during the probationary period of parole;
3. Whether there is any violation of laws, administrative regulations and regulations of the supervisory authority during the probationary period of parole.
1. What should I do if I commit a new crime during the probationary period of parole?
Criminals who have been released on parole are to be supervised by the public security organs during the probationary period of parole. Different treatments are made according to their different performances:
1. If a parolee commits a new crime during the probationary period of parole, regardless of whether the new crime committed is intentional or negligent, and whether it is a felony or a misdemeanor, the parole shall be revoked, a judgment shall be rendered for the new crime, and the sentence imposed for the new crime shall be determined in accordance with the principle of combining punishment for multiple crimes as provided for in article 71 of the Criminal Law.
2. During the probationary period for parole, if it is discovered that the parolee has not been convicted of a crime before the original judgment, and that the crime for which he has not been convicted has not exceeded the statute of limitations, the parole shall also be revoked, and a judgment shall be made for the crime for which there is no judgment, and the punishment for the unconvicted crime and the punishment for the previous crime shall be determined in accordance with the principle of concurrent punishment for multiple crimes as provided for in article 70 of the Criminal Law. Punishments that have already been served shall be counted within the sentence determined in the new judgment.
3. Where, during the probationary period for parole with a talking tone, the parole offender has conduct that violates laws, administrative regulations, or provisions on the supervision and management of parole, and has not yet constituted a new crime, the parole shall be revoked in accordance with the prescribed procedures, and the sentence shall be returned to prison to serve the punishment that has not been completed.
4. During the probationary period for parole, the parolee shall comply with the provisions on parole, and without the three circumstances mentioned above, upon completion of the probationary period for parole, it shall be deemed that the original sentence has been served and shall be publicly announced.
After the court agrees to the prison's request for parole, the offender is released on parole. Parole is enforced by the public security organs, and during the parole period, the daily life of the criminal subject will be monitored, which is a way for the judicial organs to test whether they have not served the harm to society.
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