Compared with imprisonment correction, community correction is a kind of non-imprisonment penalty execution activity that puts criminals who meet the legal conditions in the community, and the judicial administrative organs (judicial bureaus) and their dispatched institutions (judicial offices), with the assistance of relevant departments and social forces, correct their criminal psychology and behavior habits within the time limit determined by judgments, rulings or decisions, and promote their smooth return to society through ideological reform and labor reform. Community correction work is to actively use all kinds of social resources and integrate all kinds of social forces to carry out targeted management, education and reform in the community for criminals with minor criminal circumstances, less subjective malignancy and little social harm, or criminals who have truly repented after supervision and reform and are no longer harmful to society. Criminals who accept community correction are called community correction objects, including: being sentenced to public surveillance, declaring probation, ruling parole, and deciding to temporarily execute outside prison.

legal ground

Measures for implementation of community correction

Twenty-fourth community corrections personnel in violation of the provisions of supervision and management or the people's court ban, should be punished according to law, the judicial administrative organ at the county level shall promptly submit it to the public security organ at the same level for punishment according to law. The public security organ shall notify the judicial administrative organ at the county level of the results.

Article 25 If a community correctional officer who has been declared suspended or paroled is under any of the following circumstances, the judicial administrative organ at the same level in his place of residence shall put forward a proposal to revoke the suspended sentence or parole to the original referee people's court, and attach relevant supporting materials, and the people's court shall make a ruling according to law within one month from the date of receipt:

(a) in violation of the prohibition order of the people's court, and the circumstances are serious;

(two) during the period of community correction, it fails to report at the prescribed time or is out of supervision for more than one month;

(three) due to violation of the provisions of supervision and management by the public security administration punishment, still not correct;

(4) Failing to make corrections after being warned three times by the judicial administrative organ;

(five) other violations of relevant laws, administrative regulations and supervision and management regulations, and the circumstances are serious.

The recommendation of the judicial administrative organ to revoke probation and parole and the ruling of the people's court shall also be copied to the people's procuratorate and the public security organ at the same level where the community corrections personnel live.

Article 26 If a community correctional officer who is temporarily executed outside prison is under any of the following circumstances, the judicial administrative organ at the county level where he lives shall put forward a proposal for execution outside prison and attach relevant supporting materials to the approving decision-making organ, which shall make a decision according to law within 15 days from the date of receipt:

(a) found that does not meet the conditions for temporary execution outside prison;

(two) without the approval of the judicial administrative organ, leaving the city or county (flag) where he lives, refusing to correct after being warned, or refusing to report his whereabouts and leaving the supervision;

(three) due to violation of the provisions of supervision and management by the public security administration punishment, still not correct;

(4) Failing to make corrections after being warned twice by the judicial administrative organ;

(5) Failing to submit the reexamination of his condition according to the regulations during his release on medical parole, and refusing to make corrections after being warned;

(6) After the temporary execution outside prison disappears, the sentence has not expired;

(seven) the guarantor loses the guarantee conditions or is disqualified for failing to perform his obligations, and cannot propose a new guarantor within the prescribed time limit;

(eight) other violations of relevant laws, administrative regulations and supervision and management regulations, and the circumstances are serious.

The judicial administrative organ shall send a copy to the people's procuratorate at the same level and the public security organ at the place where the community correction personnel live when implementing the recommendation of imprisonment and the decision of the decision-making organ.