Due to the lack of a "bail system", the sentenced prisoners cannot be released from prison on bail. However, for criminals sentenced, the " parole system " is implemented. As long as the conditions for parole are met, they can be released from prison early. After the parole test expires, the original sentence of the sentence was also terminated.
(I) There is no "bail system"
"bail" system is the system in which personnel during the investigation or trial are released after performing certain procedures and restore personal freedom. Although my country does not have a bail system, in terms of substantive meaning, there are two similar systems in China: (1) bail; (2) bail; second, "bail" is provided for subjects at different stages of litigation, among which criminal suspects who are investigated, prosecuted, and tried, and the defendants who are prosecuted and tried, and at the same time, criminals who have been sentenced can be released on parole.
(II) The parole system for criminals sentenced
"parole" system is a punishment system for reforming criminals. It can enable criminals who are allowed to be released in a conditional manner, that is, "early release". "The basic characteristics of state parole are:
1, basic parole conditions
(1) are not personal danger, and the danger of re-offending: parole is not allowed to be released on recurring criminals and criminals who intentionally homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes. Even if it is reduced to life imprisonment , fixed-term imprisonment will not be released on parole after . For criminals, after being reduced to life imprisonment, it should also be clearly stipulated that life imprisonment, commutation of sentence, and parole should be issued on their own.
(2) reaches a certain sentence: criminals sentenced to imprisonment shall be executed more than half of the sentence within the original sentence; criminals sentenced to death shall be reduced, parole, and commutation of sentence for more than 15 years before parole can be released on parole.
Under special circumstances, the above-mentioned punishment can be exempted from the approval of Supreme People's Court . Often involve special circumstances such as politics, national defense, diplomacy.
(3) Repentance is true: confession and repentance; comply with laws and regulations and regulatory regulations; receive education and transformation; actively participate in ideological, cultural, vocational and technical education; actively participate in labor and strive to complete labor tasks.
Among them, if you do not actively return the stolen money and property, assist in recovering stolen money and property, compensate for losses, have the ability to fail to perform property punishment, or use improper means such as personal influence and social relations to attempt to obtain parole during your sentence, it is not considered "repentance".
(4) Other conditions: After meeting the above conditions, you should also combine it. The specific circumstances of the crime, the original sentence sentence, the consistency of the execution period, the age, physical condition, personality characteristics, source of life after parole, supervision conditions, etc.
2. Parole procedure conditions
Person parole procedure, according to the "compression of sentence" procedure, the execution authority shall apply for parole to the intermediary court. The court forms a collegial panel to hear the case, and those who meet the parole conditions shall be given parole. Parole shall not be allowed without legal procedures.
3. Broad parole conditions
takes repentance as the core and does not have the risk of repeated crimes. For some criminals with mild circumstances and low physical danger, they can leniency to grasp the parole conditions:
(1) Negligent offenders, suspended offenders, coerced offenders, (2) (3) Being sentenced to fixed-term imprisonment or above for excessive defense and emergency risk avoidance; (3) Being under 18 years old; (4) People who are basically unable to work, have difficulties in their lives, and suffer from serious illnesses, have criminals who have difficulties in life after parole, (5) perform particularly prominently during the period of serving their sentence.
4. Inspection conditions for parole
Criminals who are allowed to be parole must undergo a review of a certain period of time, among which, the parole inspection period for fixed-term imprisonment is that the sentence is not completed; the parole inspection period for life imprisonment is 10 years.
During the inspection period:
(1) Comply with laws, administrative regulations and obey supervision; (2) Report your own activities; (3) Comply with the rules of meeting; (4) Leave your city, county or move.
If it does not violate the inspection rules, does not commit a new crime, and does not have any other old crimes yet, then after the review period is over, it is believed that the original sentence has been executed; otherwise, the parole will be revoked, and the unexecuted punishment will be re-sented, or the sentence will be re-sentiated, and multiple crimes will be punished together.For criminals, a person who has been revoked from parole is generally not allowed to be parole unless he is revoked for missed crimes.
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-