What are the conditions for post detention medical parole?

Those who are criminally detained on suspicion of a crime and meet the requirements for release on guarantee pending further investigation may apply for release on guarantee pending further investigation.

Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China. refers to a compulsory measure in criminal proceedings in which public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to prevent them from evading investigation, prosecution, and trial, and issue a letter of guarantee to ensure that they will be available with the summons, and that they will not be detained or temporarily released from detention.

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 77 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed a maximum of 6 months.

There is a detailed introduction in the provisions of 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 the Parole of Convicts for Medical Treatment".

Legal Analysis: Convicts sentenced to life imprisonment, fixed-term imprisonment, or short-term detention may be granted medical parole under any of the following circumstances during the period of rehabilitation: (1) Suffering from a serious illness and at risk of death in a short period of time.

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 quietly sentenced to fixed-term imprisonment are serving more than one-third of their original sentence (including the period after commutation) of their original sentence (where the sentence has already been commuted, it is calculated as the sentence after commutation), and suffer from a serious chronic illness where 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 have a physical disability and find it difficult to be self-governing.

4) Those who are old and sick and have lost the possibility of harming society. For convicts who meet the requirements for medical parole and need to be released on medical parole, the convict and his relatives are to submit a written application, fill out the "Application for Medical Parole for Convicts", and after collective research by the sub-prison district, report to the prison district for review, and after the prison district has reviewed and approved, the sub-prison district will take the convict to Kai Kei Shen Prison Hospital for medical evaluation. Where the requirements for medical parole are met after a medical evaluation, the prison district shall convene a meeting to study it, and the prison administration office shall send personnel to participate, and invite comrades from the prison procuratorate office and the discipline inspection commission to attend as observers, and after the prison district meeting agrees, have the guarantor sign the guarantee letter.

Legal basis: Article 19 of the Regulations on Detention Centers: Where a detention center discovers that a detainee has any of the following circumstances, it shall recommend that the organ making the detention decision make a decision to suspend the execution of the detention: (1) he or she is mentally ill or has an infectious disease and needs to be isolated**; (2) The condition is serious and might endanger life safety.

After being sentenced to short-term detention, if the illness is serious and endangers life or is unable to take care of oneself, one may be released on medical parole. Where convicts truly have a serious illness and must be released on medical parole, they may be temporarily served outside of prison if they are diagnosed by a provincial-level people** hospital and issue supporting documents.

Article 265 of the Criminal Law: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison: (1) they 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, 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.

After being sentenced to short-term detention, in any of the following circumstances, they may be released on medical parole:

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

Second, it is difficult to take care of oneself due to physical disability;

3. Old age and sickness, have lost the possibility of endangering society;

4. Convicts whose original sentences of life imprisonment and death sentences were commuted to life imprisonment after a two-year reprieve, and convicts who were originally sentenced to fixed-term imprisonment are to carry out more than one-third of the original sentence, suffer from serious chronic diseases, and are ineffective for a long time.

Article 265 of the Criminal Procedure Law.

In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence 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 by Shixian 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.

Can criminal detention be released on parole or medical parole?

OK. According to the relevant provisions of the Criminal Procedure Law, if a criminal sentenced to criminal detention has a serious illness and needs to be released on medical parole, the hospital designated by the provincial-level people** shall diagnose and issue supporting documents, and before being handed over for enforcement, the people's Fahui Morning Court who is transferred for enforcement shall decide to serve his sentence outside of prison; After being transferred for enforcement, the prison or detention center is to submit a written opinion and report to the prison management organ at the provincial level or above or the public security organ at the districted city level or above for approval of the execution of the sentence outside of prison.

If the detained person is indeed ill and it is very serious, then the detained person can also apply for medical parole.