Current location - Plastic Surgery and Aesthetics Network - Plastic surgery and medical aesthetics - Regulations of Heilongjiang province on the administration of commutation, parole and medical parole of criminals
Regulations of Heilongjiang province on the administration of commutation, parole and medical parole of criminals
Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Prison Law of People's Republic of China (PRC) in combination with the actual situation of this province in order to ensure the correct application of the legal provisions on commutation, parole and medical parole of criminals, improve the level of law enforcement and promote the reform of criminals. Article 2 These Regulations shall apply to commutation, parole and medical parole of criminals in this province. Article 3 A prisoner's commutation, parole and medical parole shall follow the principles of taking facts as the basis, taking the law as the criterion and applying the law equally. Article 4 People's courts at all levels, people's procuratorates, public security organs and prison administration organs shall be responsible for commutation, parole and medical parole of criminals, cooperate with each other, and strictly implement relevant laws, regulations and these regulations. Article 5 The public security organs and prisons must supervise and inspect the criminals released on parole or released on medical parole, and the neighborhood offices, village (neighborhood) committees and the units where the criminals released on parole or released on medical parole belong shall provide assistance. Chapter II Commutation and Parole Article 6 According to the law, if a prisoner who has been sentenced to life imprisonment or fixed-term imprisonment does repent or perform meritorious service during his sentence, his sentence may be commuted according to the results of prison assessment; Those who have made significant meritorious service shall have their sentences reduced.

According to the law, criminals sentenced to fixed-term imprisonment should be sentenced to fixed-term imprisonment of 1/2 or more of the original sentence; A criminal sentenced to life imprisonment has actually executed 10 for more than 0 years; If he does show repentance, he will no longer harm society and can be released on parole. Article 7 A prison shall implement a system of examination of criminals. Criminals' repentance and meritorious service during their imprisonment shall be confirmed according to the results of prison assessment. The assessment must be practical and realistic, and the assessment criteria must be mastered in strict accordance with the law. Article 8 Suggestions on commutation and parole of criminals shall be discussed collectively by the prison squadron and brigade team affairs meeting, reviewed by the prison management department, and submitted to the warden's office meeting for deliberation and approval after being put forward by the prison. The office meeting of the city warden can absorb the relevant person in charge of the Judicial Bureau to attend.

When the warden's office meeting is held, the person in charge of the people's procuratorate's procuratorial office in prison shall be notified to attend.

When a prison proposes commutation or parole, the procedures must be complete, the specific facts of the prisoner's repentance or meritorious service are clear, and the evidence materials are indeed sufficient. Article 9 If a prison finds that a prisoner has committed many crimes, committed another crime or committed serious violations of discipline after commutation or parole, it shall promptly submit a written opinion to revoke the commutation or parole. If a ruling has been made, it shall request the people's court to cancel the ruling. Article 10 If the people's court considers that the materials for commutation and parole are incomplete or the procedures are incomplete, it shall promptly notify the original reporting organ to make corrections or return them for supplementary investigation. Article 11 When trying cases of commutation and parole, the people's courts must carefully examine the specific facts and evidence of the criminal's repentance, meritorious service and significant meritorious service. For parole, if it is suggested that a large number of sentences be reduced, or if it is really necessary to review, it should be reviewed in the prison where the prisoner is located. Article 12 When discussing cases of commutation or parole, the judicial committee of the people's court shall notify the people's procuratorate to send personnel to attend as nonvoting delegates. Article 13 The ruling on commutation and parole shall be directly announced by the people's court that made the ruling. If it is difficult to declare directly, it may entrust the people's court or the executive organ in the place where the prisoner serves his sentence to announce it on his behalf.

After the parole ruling is announced, the prison shall issue a parole certificate, release it on schedule, and promptly notify the public security organ, the subdistrict office, the village (neighborhood) committee and the unit where the criminal belongs. Article 14 The ruling on commutation or parole shall be copied by the people's court that made the ruling to the people's procuratorate at the same level. If the people's procuratorate considers that the people's court's ruling on commutation or parole is improper, it shall submit a written correction opinion to the people's court within 20 days after receiving a copy of the ruling. The people's court shall, within 1 month after receiving the rectification opinions, re-form a collegial panel for trial and make a final ruling. Fifteenth criminals released on parole according to law shall pay bail to the prison, and the bail shall be calculated at 2000 yuan per year during the probation period of probation. If a criminal commits a new crime or commits an illegal act during his parole, his bail shall be confiscated; If there is no crime or illegal act again, the bail will be returned in full after the expiration of the trial period. Article 16 A criminal released on parole shall register with the public security organ of his place of residence with his parole certificate within 15 days. The public security organ shall manage and supervise the paroled criminals. Someone should be responsible for the supervision and inspection work, and a file should be established to record the supervision organization's assistance and education to criminals, the criminals' transformation performance during the trial period, and the procedures for canceling leave. When a public security organ discovers that a paroled criminal has committed acts that endanger society, it shall promptly notify the prison, and the prison must immediately put him in prison. Article 17 The People's Procuratorate shall supervise commutation and parole, and give opinions on whether the objects of commutation and parole meet the statutory conditions, whether the certification materials are true, and whether the procedures for making suggestions are in compliance with the provisions.

Supervision over the legality of commutation and parole of prisoners in prisons can be carried out by investigating relevant personnel, reading relevant materials and attending relevant prison meetings as nonvoting delegates. If violations are found, corrective opinions can be put forward in time. Chapter III Medical Release on Parole Article 18 A criminal sentenced to fixed-term imprisonment (including commutation of fixed-term imprisonment) or criminal detention according to law may be released on parole for medical treatment under any of the following circumstances:

(1) Suffering from a serious illness and needing medical parole;

(two) physical disability, life is difficult to take care of themselves;

(3) Being old and sick, and having lost the possibility of endangering society.

The disability of a criminal released on medical parole shall conform to the provisions on the disability scope of a criminal released on medical parole.