1. What is parole
parole is a system for criminals sentenced to fixed-term imprisonment and life imprisonment, after a certain period of time, they will be released in advance due to compliance with prison rules, education and transformation, suffering from serious illness or indeed repentance, and will no longer endanger society.
2. Conditions for parole
1. Legal object. According to the provisions of our country's Criminal Law, criminals sentenced to fixed-term imprisonment and life imprisonment and who are recidivists and who are sentenced to fixed-term imprisonment and life imprisonment for intentional homicide, rape, robbery, kidnapping, fire prevention, explosion, disposal of dangerous substances or organized violent crimes shall not be subject to parole.
2. Legal substantive conditions. Criminals strictly abide by prison rules, receive education and reform, and show repentance and there is no risk of re-offending. These are the substantive or key conditions for the application of parole.
3. Legal penalties execution time conditions. Article 81 of the Criminal Law: "If a criminal sentenced to fixed-term imprisonment is sentenced to more than half of the original sentence and the criminal sentenced to life imprisonment is actually sentenced to more than thirteen years. If he strictly abides by the prison rules, receives education and reform, shows repentance, and does not have the risk of reoffending, he may be released on parole. If there is a special situation, after approval by the Supreme People's Court, he may not be subject to the above-mentioned restrictions on the execution period."
Is parole an application for prisoners or family members
cannot be applied by myself. The application for parole is neither applied for by oneself nor by the family. The procedures for parole and commutation of sentence are basically the same. Only the executive authority has the right to recommend parole. Regarding the procedures for applying for parole, my country has the following legal provisions:
1. The prison that carries out compulsory labor reform submits parole proposals to the local intermediate people's court;
2. After receiving the prison's parole proposal, the intermediate people's court is located, checking whether the materials are complete, the procedures are complete, and the procedures are legal;
3. After reviewing the case materials, the people's court forms a collegial panel for trial, and rule on criminals who meet the statutory conditions to be parole.
4. How to apply for parole? (What need to be prepared?)
1. The prison that carries out compulsory labor reform submits a parole proposal to the local intermediate people's court, and attaches the following materials:
1) "Recommendation for Commodation of Sentence" or "Recommendation for Parole";
2) Copy of the court's judgment documents, execution notices, and previous rulings for commutation of sentences;
2) Copy of the court's judgment documents, execution notices, and previous rulings for commutation of sentences;
html l53) Detailed list of criminal scoring and assessment, evaluation form, reward and punishment approval form;
4) Written proof of the specific facts of the criminal's repentance or meritorious service or major meritorious service;
5) If a parole is requested, an investigation and evaluation report of the county-level judicial administrative agency on the impact of the criminal on the community where he lives after parole shall be attached;
6) Other materials required to be submitted according to the case situation.
If a criminal sentenced to death sentence and life imprisonment requests commutation of sentence or parole, he/she shall submit the "Criminal Compression of sentence (parole) Review Form" signed by the Prison Administration of the Province, Autonomous Region, and Municipality directly under the Central Government to submit the "Criminal Compression of sentence (parole) Review Form" signed by the Prison Administration of the Province, Autonomous Region, and Municipality directly under the Central Government.
2. After receiving the prison’s parole proposal, the intermediate people’s court in the prison is located, check whether the materials are complete, the procedures are complete, and the procedures are legal.
. After reviewing the case materials, the people's court formed a collegial panel to conduct the trial and ruled on parole for criminals who meet the statutory conditions.
parole is calculated from the date of declaration of the ruling. The test period is the sentence of execution. Generally, no commutation of sentence is given during the test period. If a sentence is sentenced to additional deprivation of political rights, the execution shall be carried out from the date of parole.
Key point: Prisoners cannot apply for parole, and parole is applied by the prison authority to the High People's Court.A ruling is made within one month after receiving the recommendation for commutation of sentence and parole reviewed and approved by the prison management agency at the same level. If the case is complicated or the circumstances are special, it can be extended for one month. That is, after the prison authorities submit a parole application, they will be released within two months.
5. How long does it take from application to success in parole? How long does it take to apply for parole? How long does it take to apply for parole to the criminal being parole? It depends on the specific circumstances. Generally, after receiving the parole opinion from the executive authority, a ruling is made within one month, and the ruling takes effect and is released after the ruling takes effect.
Relevant legal provisions Article 449 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" for cases of commutation of sentence and parole shall be handled separately in accordance with the following circumstances:
1) The commutation of sentence for criminals sentenced to death sentence reprieve shall be determined by the High People's Court of the place where the criminal is sentenced to a prison administration agency at the same level based on the "compression proposal" obtained.
2) The commutation of sentence and parole for criminals sentenced to life imprisonment shall be made within one month after receiving the sentence reduction approved by the prison administration agency at the same level and the "parole proposal" they received. If the case is complicated or there is a special situation, it may be extended for one month.
3) The commutation of sentence and parole for criminals sentenced to fixed-term imprisonment and reduced sentence to fixed-term imprisonment shall be made within one month after receiving the sentence reduction submitted by the execution authority and the "parole proposal" he received. If the case is complicated or there is a special situation, it may be extended for one month.
4) The intermediary people's court, which serves the sentence, shall make a ruling within one month after receiving the sentence reduction approved by the execution authority at the same level and the "parole proposal" they received.
For more information about prisons and detention centers, you can check out my WeChat official account "Detention Center Family".
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