After being sentenced, can I apply for medical parole because I am ill?

The offender has the possibility of medical parole after sentencing, and as long as the offender can meet the relevant qualifications, he can apply for medical parole, but the application may not be approved.

If you are eligible, you can only be released on medical parole if you have a serious illness, and you need to be released on medical parole, not because you have a serious illness, and it has nothing to do with being in prison for several years.

Legal basis] According to the notice of the "Measures for the Enforcement of Medical Parole for Convicts", 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.

In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in accordance with the law:

1. Suffering from serious illness and danger of death in a short period of time;

2. Those who are physically disabled and have difficulty taking care of themselves;

3. Old and sick, it has lost the possibility of harming society. The sickness and disability of convicts released on medical parole shall comply with the provisions of the "Scope of Illness and Disability for Convicts on Parole for Medical Treatment".

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) they are seriously ill and are in danger of death in a short period of time; (2) Where convicts who were originally sentenced to indefinite imprisonment or a death sentence with a two-year suspension, and whose sentence was commuted to indefinite imprisonment and are serving a sentence of 7 years or more from the date of indefinite imprisonment, or where convicts originally sentenced to indefinite imprisonment have already had their original sentence commuted, more than one-third of the sentence after commutation is to be calculated, including the time for commutation, and they suffer from serious chronic illnesses and long-term treatment for spicing 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.

Legal Analysis: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in accordance with the law:

1. Suffering from serious illness and danger of death in a short period of time;

2. Those who are physically disabled and have difficulty taking care of themselves;

3. Old and sick, it has lost the possibility of harming society.

The sickness and disability of convicts released on medical parole shall comply with the provisions of the "Scope of Illness and Disability of Convicts on Parole for Medical Treatment".

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 oneself, and the application of the celery calendar to temporarily serve one's 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 may be dangerous to society by applying the application of the key to medical treatment outside of the protection key, or convicts who have injured themselves or injured themselves, must not be released on medical parole.

According to the Criminal Law of China, there are the following conditions for applying for medical parole after sentencing:1Seriously ill patients:

Refers to a person with a severe, rare, or refractory disease that requires long-term** and care. 2.Psychopaths:

Refers to a person who suffers from a mental illness and needs to undergo long-term arguments** and ** in a specific medical institution. 3.Patients requiring long-term care:

Refers to those who have a physical disability or illness that requires long-term care. 4.Job Required:

It means that the sentenced person must go to work elsewhere due to the needs of his or her work. 5.Special Reasons:

For example, there are people in the family with special circumstances such as the elderly, the weak, the sick, the disabled, or the pregnant. It should be noted that medical parole does not mean that the sentence is commuted or waived, and the sentence still needs to be served. In addition, the application for medical parole needs to go through the relevant approval procedures, and relevant supporting materials that meet the requirements need to be provided.

Summary. After sentencing, you can be released on medical parole, but you must have a serious illness that can be paroled, and you must be diagnosed and issued by a hospital designated by the provincial people**. Convicts who may be dangerous to society if released on medical parole or who have injured themselves or injured themselves must not be released on medical parole.

After sentencing, he can be released on medical parole, but he must have a serious illness that can be released on medical parole in the middle of the stream, and he must be diagnosed and issued by a hospital designated by the provincial people**. Convicts who may pose a danger to society when released on medical parole, or who injure themselves or injure themselves, are not allowed to be taken out of the country for medical treatment.

There is no specific enumerated name for this kind of disease, but only a general provision, if you have a serious disease that causes you to be unable to take care of yourself, or you need to be hospitalized continuously**, you can meet the above conditions and pass the certificate of Zheng Xinkai in the designated hospital to apply for this medical parole.

Those who are at risk of death due to illness within a short period of time after sentencing may be released on medical parole; Those suffering from serious chronic diseases that have been ineffective for long-term medical treatment may be released on medical parole; Those with physical disabilities and difficulty in taking care of themselves may be released on medical parole; Those who are old and sick and have lost the possibility of endangering society may be released on medical parole.

[Legal basis].

Article 265 of the Criminal Procedure Law: A convict sentenced to fixed-term imprisonment or short-term detention may temporarily serve his or her sentence outside of prison if he or she has any of the following circumstances: (1) he or she has a serious illness that requires 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 who have been reported and 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.