Does anyone know about the Measures for the Implementation of Medical Parole ?

Updated on society 2024-08-05
4 answers
  1. Anonymous users2024-02-15

    1. If the criminal buttan meets the requirements for medical parole, the hospital designated by the provincial-level people** shall diagnose and issue supporting documents, and the decision shall be made by the people's court for delivery, and after the people's court decides, the following organs shall enforce it:

    1) For convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, community corrections are to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement;

    2) Convicts sentenced to deprivation of political rights shall be enforced by the public security organs.

    2. Legal basis: Articles 265, 270 and 269 of the Criminal Procedure Law of the People's Republic of China.

    Conditions for medical parole

    1. Convicts may be granted medical parole in any of the following circumstances while serving their sentences:

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

    2) Convicts who were originally sentenced to life imprisonment and whose death sentence was commuted to fixed-term imprisonment after a two-year suspension of execution, who have served a sentence of more than seven years from the execution of their indefinite imprisonment, or convicts who were originally sentenced to fixed-term imprisonment who have served more than one-third of their original sentence (including the commutation period) of their original sentence (where the sentence has been commuted, calculated on the basis of the sentence after commutation), suffer from 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 over 60 years old, frail and sickly, and have lost the possibility of harming society.

    2. During the period of serving a sentence, the convict is not allowed to be released on medical parole in any of the following circumstances:

    1) Convicts sentenced to death with a two-year reprieve;

    2) The convict sentenced to life imprisonment is serving a life sentence;

    3) The crime is serious and the public is very angry;

    4) Self-harm and self-harm in prison in order to escape punishment.

    On the basis of the provisions of the Criminal Procedure Law, where the enforcement organ submits an application for criminals who meet the requirements for medical parole, and the people's court that transferred them for enforcement decides to release them on medical parole, the community corrections establishment or people's court is responsible for enforcement.

  2. Anonymous users2024-02-14

    Legal Analysis: Convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in any of the following circumstances:

    1. Suffering from serious illness and in 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.

    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.

  3. Anonymous users2024-02-13

    Medical parole is a criminal coercive measure usually used to temporarily suspend criminal detention or arrest of a criminal suspect or defendant in the course of criminal proceedings. In this case, the criminal suspect or defendant may temporarily leave the detention center under certain conditions, and be placed under surveillance and awaiting trial at a designated location.

    The enforcer of medical parole is usually determined by the court, public security organ or procuratorate on a case-by-case basis. Normally, the enforcers of medical parole may include staff of public security organs, procuratorates, and courts, or the community corrections institution where the criminal suspect or defendant is located.

    However, the specific enforcers and conditions for enforcement may vary depending on the circumstances of the case. Therefore, in practice, it is best to consult the relevant legal professionals to obtain accurate information.

  4. Anonymous users2024-02-12

    Medical parole is an enforcement method whereby a convict suffers from a serious illness and is approved by the judicial authorities to be released from a prison post for treatment in accordance with relevant national laws and policies. It is also known as medical treatment outside of prison, which is a type of execution outside of prison and is the embodiment of humanitarianism. A convict sentenced to death with a two-year reprieve, life imprisonment, fixed-term imprisonment, or short-term detention is released on bail for medical treatment outside of prison with the approval of the relevant departments because of his physical illness.

    Medical parole is a type of execution outside of prison.

    China's law stipulates that when a prisoner is seriously ill and needs to be released on medical parole, he may be allowed to be released on bail to serve his sentence outside of prison, but it must be reviewed and approved by the competent people's public security organ in advance, and the people's public security organ where the prisoner is located is notified to supervise it. A prisoner who is outside of prison is counted as a prisoner.

    The maximum period of medical parole.

    The maximum period for which a convict can be released on medical parole is generally only one year. For convicts who are about to expire on medical parole, the prison needs to give two months' notice to the convict to return to the prison for examination. If the convict is unable to go to the prison for examination due to physical illness or other reasons, the prison may appoint police and doctors to go to the convict's medical parole to learn about the convict's actual situation and collect relevant supporting materials.

    For convicts whose illness has not yet recovered and need to continue to be released on medical parole, with the consent of the local public security organs, the prison is to decide whether to continue to be released on medical parole in the future on the basis of the specific condition and performance.

    How much bail does it cost to be released on medical parole?

    In accordance with the provisions of the relevant judicial interpretations, the decision-making organ is to determine the amount of the guarantee or closure certificate on the basis of the nature and circumstances of the case in which the criminal suspect or defendant is involved, the personal dangerousness, the economic situation, the amount of the suspected crime, the severity of the punishment that may be given, and the admission of guilt and expressions of remorse.

    When applying for bail pending trial, the minimum bail amount is 2,000 yuan, and the specific amount needs to be determined in light of the nature and circumstances of the case involved, personal dangerousness, economic status, the amount of the suspected crime, the severity of the sentence that may be imposed, and the admission of guilt and expressions of remorse.

    Legal basis: Article 60 of the Regulations of the People's Republic of China on Labor Reform: In any of the following circumstances, a prisoner may be allowed to be released outside of prison on bail, but it must be reviewed and approved by the competent people's public security organ in advance, and the people's public security organ where the prisoner is located is notified to supervise it. A prisoner who is outside of prison is counted as a prisoner.

    1) Those who are seriously ill and need to be released on medical parole; Except for the most heinous offenders.

    2) They are 55 years of age or older, or physically disabled, or have been sentenced to less than 5 years, and have lost the possibility of harming society. The provisions of paragraph (1) of the preceding paragraph also apply to unconvicted offenders, provided that they must be reported to the organ for approval in advance and the people's public security organ at the place of residence must be notified for supervision.

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