Full text of the provisions on temporary execution outside prison
Article 1 In order to standardize temporary execution outside prison and strictly apply temporary execution outside prison according to law, these Provisions are formulated in accordance with the relevant provisions of the Criminal Procedure Law and the Prison Law and in combination with the actual situation of penalty execution.
Article 2 The application of temporary execution outside prison to criminals shall be decided or approved by the following organs respectively:
(1) The people's court shall make a ruling before delivery for execution;
(two) serving a sentence in prison, after examination by the prison, shall be reported to the prison administration organ at or above the provincial level for approval;
(three) serving a sentence in a detention center shall be reported to the public security organ at or above the municipal level for approval after being examined by the detention center.
If temporary execution outside prison is applied to criminals who commit crimes by taking advantage of their duties, they shall be submitted for filing and examination on a case-by-case basis in accordance with relevant regulations.
Article 3 A criminal who is temporarily executed outside prison shall be subject to community correction according to law, and the community correction institution in his place of residence shall be responsible for the execution.
Article 4 During the period of temporary execution outside prison, criminals shall pay for their own living, medical care and nursing.
If a prisoner is temporarily executed outside prison because of injury and disability caused by taking part in labor while serving his sentence in a prison or detention center, the expenses of medical assistance and living difficulties after his release from prison shall be handled by the prison or detention center where he served his sentence in accordance with relevant state regulations.
Article 5 A criminal sentenced to fixed-term imprisonment, criminal detention or commuted to fixed-term imprisonment may be temporarily executed outside prison under any of the following circumstances:
(a) suffering from a major disease within the scope of the major disease of medical parole attached to these Provisions and needing medical parole;
(2) Women who are pregnant or nursing babies;
(three) life can not take care of themselves.
A criminal sentenced to life imprisonment may be temporarily executed outside prison under the circumstances specified in the second paragraph of the preceding paragraph.
Article 6 A criminal who needs medical parole or cannot take care of himself, but the application for temporary execution outside prison is socially dangerous, or self-injures, or does not cooperate with the treatment, shall not be temporarily executed outside prison.
For criminals who use their position to commit crimes of disrupting financial management order, financial fraud and organizing (leading, participating, shielding and conniving) organized crimes of underworld nature, it is necessary to apply for medical parole and strictly examine and approve. Suffering from serious diseases such as hypertension, diabetes, heart disease, etc., who are not life-threatening in the short term after diagnosis, will not be executed outside prison for the time being.
Criminals who have been put in prison for violating laws and regulations or sentenced for re-committing crimes need to be temporarily executed outside prison again, which should be strictly examined and approved.
Article 7 For recidivists who need medical treatment on parole or cannot take care of themselves, and criminals who intentionally kill, rape, rob, kidnap, set fire to, explode, release dangerous substances or commit organized violent crimes, those who were sentenced to death with a two-year suspension of execution or life imprisonment in the original trial shall be sentenced to fixed-term imprisonment of not less than seven years before being temporarily executed outside prison; If the original sentence is fixed-term imprisonment of more than 10 years, more than one third of the original sentence shall be executed before being temporarily executed outside prison.
For juvenile criminals, criminals over 65 years old and disabled criminals, the provisions of the preceding paragraph may be moderately lenient.
A criminal who suffers from a serious illness within the scope of medical parole attached to these Provisions and whose life is in danger in the short term may not be subject to the restriction on the execution of the sentence stipulated in the first paragraph of this article.
Article 8 If a prisoner serving a sentence in a prison or detention center needs to be temporarily executed outside prison, the prison or detention center shall organize the diagnosis of the prisoner's condition, pregnancy check-up or identification of his inability to take care of himself. Criminals themselves or their relatives or guardians may also submit written applications to prisons and detention centers.
Prisons and detention centers shall verify the residence of criminals who intend to be temporarily executed outside prison. If it is necessary to investigate its impact on the community of residence, it may entrust the judicial administrative organ at the county level of residence to investigate.
Prisons and detention centers shall inform the people's procuratorates of the relevant information. The people's procuratorate may send personnel to supervise the relevant diagnosis, inspection and appraisal activities.
Article 9 A prisoner's disease diagnosis or pregnancy examination shall be entrusted to a hospital designated by the provincial people's government. The diagnosis or examination certificate issued by the hospital should be made by two doctors with the title of deputy high school or above, signed by the dean in charge of business, stamped with the official seal, and attached with copies of laboratory tests, video materials, medical records and other related medical documents.
The identification of criminals who can't take care of themselves should be carried out by the identification team organized by prisons and detention centers with the participation of medical personnel. The appraisal opinions shall be issued by the prisons and detention houses that organize the appraisal, signed by the personnel involved in the appraisal, and signed and sealed by the person in charge of the prisons and detention houses.
Doctors and personnel who have kinship or other interests with criminals should withdraw when making disease diagnosis, pregnancy check-up or identification of being unable to take care of themselves.
Article 10 If a prisoner needs medical parole, his relatives or guardians shall propose a guarantor, which shall be examined and determined by the prison or detention center.
If a prisoner has no relatives or guardians, he may be recommended as a guarantor by the village (neighborhood) committee, the original unit or the community correction institution in his place of residence.
The guarantor shall submit a letter of guarantee to the prison or detention center.
Article 11 A guarantor shall meet the following conditions:
(1) Having full capacity for civil conduct and being willing to undertake the obligations of guarantor;
(2) personal freedom is not restricted;
(3) Having a fixed residence and income;
(4) Being able to live in the same city or county as the guarantor.
Article 12 During the temporary execution of a criminal outside prison, the guarantor shall perform the following obligations:
(a) to assist the community correction institutions to supervise the guarantor's compliance with laws and relevant regulations;
(2) If it is found that the guarantor has left the city or county where he lives or changed his place of residence without authorization, or has committed illegal and criminal acts, or the situation that he needs medical parole disappears, or the guarantor dies, it shall immediately report to the community correction institution;
(three) to provide help for the treatment, nursing, review and normal life of the guaranteed person;
(four) to urge and assist the guarantor to perform the obligation of regularly reviewing the condition and reporting to the community correction institution in accordance with the regulations.
Thirteenth prisons and detention centers should consider whether to request temporary execution outside prison. After deliberation, it was decided that the criminals should be submitted for temporary execution outside prison and publicized in the prison or detention center. If the patient is seriously ill and must be released on medical parole immediately, it may not be publicized, but it shall be announced in the prison or detention center within three working days after being released on medical parole.
If there is no objection to publicity or the objection is not established after examination, the prison and detention center shall fill in the approval form for temporary execution outside prison, together with relevant diagnosis, inspection and appraisal materials and guarantor's letter of guarantee, and report it to the prison management organ at or above the provincial level or the public security organ at or above the municipal level with districts for approval. If the investigation has been entrusted to verify, the investigation and evaluation opinions issued by the judicial administrative organ at the county level shall also be attached.
Before considering temporary execution outside prison, a prison or detention center shall send a copy of the relevant materials to the people's procuratorate. If it is decided to request temporary execution outside prison, the prison or detention center shall send a copy of the written opinions and relevant materials submitted for temporary execution outside prison to the people's procuratorate. The people's procuratorate may submit written opinions to the organ that decides or approves the temporary execution outside prison.
Article 14 The approving authority shall make a decision within 15 working days from the date of receiving the materials submitted by the prison or detention center for temporary execution outside prison. If temporary execution outside prison is approved, the decision on temporary execution outside prison shall be delivered to the prison or detention center within five working days, and copied to the people's procuratorate at the same level, the people's court that originally pronounced the sentence and the community correction institution where the criminal lives. The decision on temporary execution outside prison shall be published on the Internet. If the temporary execution outside prison is not approved, the decision on temporary execution outside prison shall be delivered to the prison or detention center within five working days.
Article 15 A prison or detention center shall issue a decision on temporary execution outside prison to a prisoner, and go through the relevant formalities for the prisoner's exit and entry in time.
Before a prisoner leaves prison, a prison or detention center shall verify his place of residence, notify the community correction institution of his place of residence in writing, educate him to leave prison, and inform him in writing of the laws and relevant supervision and management regulations that he should abide by during his temporary execution outside prison. The criminal should sign the notice.
Sixteenth prisons and detention centers should send people to escort criminals to their places of residence with the written decision of temporary execution outside prison and relevant documents and materials, and go through the handover procedures with community correction institutions. Prisons and detention centers shall promptly notify the people's procuratorates of the transfer of criminals.
Article 17 For those who meet the conditions for temporary execution outside prison, the defendant and his defenders have the right to apply to the people's court for temporary execution outside prison, and the detention center may inform the people's court of the relevant situation. The people's court shall, in accordance with these provisions, organize disease diagnosis, pregnancy examination or identification of defendants and criminals who cannot take care of themselves.
Article 18 The people's court shall make a decision on whether to temporarily execute the sentence outside prison before the relevant legal documents for executing the penalty are served according to law.
If the people's court decides to temporarily execute the sentence outside prison, it shall make a written decision on temporary execution outside prison, stating the basic information of the criminal, the charges and penalties determined in the judgment, the reasons and basis for the decision, etc. Within seven days after the judgment comes into effect, the decision on temporary execution outside prison shall be served on the detention center or public security organ that has been released on bail pending trial, and copied to the people's procuratorate at the same level.
If the people's court decides not to execute the sentence outside prison for the time being, it shall notify the detention center or the public security organ that has executed the bail pending trial or residential surveillance before the relevant legal documents for executing the punishment according to law are served, and inform the people's procuratorate at the same level. Prisons and detention centers shall accept criminals and execute punishments according to law.
The people's court shall seek the opinions of the people's procuratorate before making a decision to temporarily execute the sentence outside prison.
Article 19 If the people's court decides to temporarily execute the sentence outside prison, and the criminal is detained, it shall notify the community correction institution where the criminal lives, and the community correction institution shall send someone to handle the handover formalities with the detention center in time with the decision of temporarily executing the sentence outside prison and receive the criminal file; If a criminal is released on bail pending trial or under residential surveillance, the community correction institution shall go through the handover procedures with the public security organ that executes the bail pending trial or under residential surveillance.
Article 20 If a prisoner's original place of detention and place of residence are not in the same province, autonomous region or municipality directly under the Central Government, and it is necessary to return to his place of residence for temporary execution outside prison, the prison administration department at or above the provincial level in the original place of detention or the prison administration department of the public security organ at or above the municipal level with districts shall notify the prison administration department of the prisoner's place of residence and the prison administration department of the public security organ in writing, and it shall designate a prison or detention center to receive the prisoner's file, go through the formalities for the prisoner's admission and release, and promptly notify the community correction institution at the prisoner's place of residence in writing.
Article 21 Community correction institutions shall keep abreast of the physical condition and disease treatment of criminals temporarily executed outside prison, review the review of the condition of criminals released on parole every three months, and give feedback to the approving decision-making organs or relevant prisons and detention centers as needed.
Article 22 During the temporary execution outside prison, if a criminal commits a new crime or finds other crimes before the verdict is pronounced, the investigation organ shall, within 24 hours after taking compulsory measures against the criminal, notify the community correction institution where the criminal lives; After the judgment or ruling comes into effect, the people's court shall promptly notify the community correction institution where the prisoner lives and the prison or detention center where the prisoner serves his sentence or receives his files.
A criminal sentenced to imprisonment in accordance with the provisions of the preceding paragraph shall be taken to the prison or detention center where he served his sentence. If the prison or detention center where the original sentence was served is inconsistent with the prison or detention center where the file was received, the prison or detention center where the file was received shall put it in prison for execution.
Article 23 If a community correction institution finds that a criminal who has been temporarily executed outside prison should be put into prison for execution according to law, it shall put forward a proposal for execution in prison, which shall be submitted to the decision-making or approval organ after being examined and approved by the judicial administrative organ at the county level. The decision-making or approving organ shall conduct a review, make a decision on imprisonment and execution, serve the relevant legal documents to the judicial administrative organ at the county level where the criminal lives, the prison or detention center where the original sentence was served or the place where the file was received, and send a copy to the people's procuratorate at the same level, the public security organ and the people's court that originally pronounced the sentence.
If the people's procuratorate finds that a criminal who has been temporarily executed outside prison should be put in prison for execution according to law but not put in prison for execution, the people's procuratorate at the same level as the organ that made the decision or approved it shall put forward procuratorial suggestions for putting in prison for execution.
Article 24 If the people's court decides to put a criminal who is temporarily executed outside prison into prison for execution, and the remaining sentence is less than three months when it decides to temporarily execute outside prison, the public security organ in the place of residence shall send him to the detention center for execution; If the remaining sentence exceeds three months when the decision is made to temporarily execute the sentence outside prison, the public security organ in the place of residence shall send it to prison for execution.
If the prison management organ decides to put a criminal who has been temporarily executed outside prison into prison for execution, the prison that originally served his sentence or received his file shall immediately go to the detention place for execution.
If the public security organ decides to temporarily execute a criminal outside prison, the detention center where the criminal lives will take the criminal into prison for execution.
After the prisoner is put into prison and executed, the prison and detention center shall report the execution of the prisoner to the decision-making or approval organ, and notify the people's procuratorate at the county level and the people's court that made the original judgment on the prisoner.
Article 25 If a criminal sentenced to execution of a penalty is at large, the public security organ at the county level where the criminal lives shall be responsible for the pursuit. After arresting a criminal, the public security organ sends the criminal to a prison or detention center for execution.
Twenty-sixth criminals who have been put into prison for execution are not included in the execution term stipulated by law, and the community correction institution shall explain the situation in the proposal for execution of imprisonment, and attach relevant certification materials. After the examination, the approving authority shall promptly notify the prison and detention center to put forward a proposal to the local intermediate people's court not to be included in the execution of the sentence. The people's court shall, within one month from the date of receiving the proposal, make a ruling on the recalculation of the criminal's sentence according to law.
If the people's court decides to temporarily execute the sentence outside prison, it shall, at the same time, determine the period that is not included in the sentence.
The people's court shall serve the relevant legal documents on prisons and detention houses, and send a copy to the people's procuratorate at the same level.
Article 27 If the prison term of a prisoner is about to expire after being temporarily executed outside prison, the community correction institution shall, within one month before the expiration of the prisoner's sentence, notify in writing the prison or detention center where the prisoner originally served his sentence or received his files to go through the formalities for getting out of prison on schedule.
If the people's court decides to temporarily execute a criminal outside prison, the community correction institution shall terminate the community correction in time, issue a certificate of termination of the community correction to him, and inform the people's court of the original judgment of the relevant situation.
Article 28 If a prisoner dies during his temporary execution outside prison, the community correction institution shall notify the decision-making or approval organ in writing within five days from the date of discovery, and send the relevant death certificate materials to the prison or detention center where the prisoner served his sentence or received his files, and send a copy to the people's procuratorate at the same level where the prisoner lives.
Article 29 If the people's procuratorate finds that the decision temporarily executed outside prison or the approving organ, prison, detention center or community correction institution is illegal, it shall put forward rectification opinions according to law.
Article 30 If the people's procuratorate considers that the temporary execution outside prison is improper, it shall send a written opinion to the organ that decided or approved the temporary execution outside prison within one month from the date of receiving the written opinion of the people's procuratorate, and the organ that decided or approved the temporary execution outside prison shall immediately review it.
Article 31 People's procuratorates may consult relevant materials and files from relevant organs and units, and may investigate and verify relevant information, and relevant organs, units and personnel shall cooperate with them.
When the people's procuratorate deems it necessary, it may organize or request the people's courts, prisons and detention centers to reorganize criminals for diagnosis, inspection or identification.
Article 32 During the temporary execution outside prison, judicial personnel or relevant personnel engaged in diagnosis, inspection and appraisal who have dereliction of duty, abuse of power and other illegal and disciplinary acts shall be given corresponding sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 The term "inability to take care of oneself" as mentioned in these Provisions refers to the situation that a prisoner needs help from others to complete his daily life due to illness, physical disability or old age and infirmity.
The identification of self-care disability is carried out according to Labor Ability Identification-Classification of Industrial Injury and Occupational Disease (GB/T 16 180-2006). Three of the five daily life behaviors, such as eating, turning over, defecating, dressing and washing, and acting independently, need the assistance of others, and after more than six months of treatment, nursing and observation, the ability of self-care can not be restored, so it can be considered that life can not take care of itself. Criminals over the age of 65 can be regarded as unable to take care of themselves if they have one of the above five daily life behaviors and need assistance from others.
Article 34 These Provisions shall come into force as of 20 14 12 1. The Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice also issued the Execution Measures for Prisoners' Medical Release on Parole 1990 12 3 1.