Let me think about it before I answer. I'm a little tired now, but on the whole, don't be too optimistic, because to be honest, if the prison can help, it won't make things difficult for you. I'll try to think from your point of view.

200165438+Provisions of February 7, 2006 on the application of the time effect of criminal judicial interpretation

Article 3 For acts that occurred before the implementation of the new judicial interpretation, if the relevant judicial interpretation existed at the time of the act, it shall be handled according to the judicial interpretation at the time of the act, but the new judicial interpretation shall be applied to the defendant.

Although the above provisions are aimed at the defendant, not the prisoner, its principle spirit has room for application in this case. In addition, the famous principle of leniency for the elderly in the time effect of criminal law is also worth learning. Article 12 of the Criminal Law refers to (a little wordy) the behavior after the founding of People's Republic of China (PRC) and before the implementation of this Law. If the laws at that time were not considered as crimes, the laws at that time would apply; If the law at that time considers it a crime and should be prosecuted in accordance with the provisions of Section 8 of Chapter IV of the General Provisions of this Law, criminal responsibility shall be investigated in accordance with the law at that time. However, if this Law does not consider it a crime or the punishment is relatively light, this Law shall apply. Before the implementation of this law, the effective judgment made in accordance with the laws at that time shall remain valid.

Fundamentally speaking, this case is a retrospective issue of law (including judicial interpretation). Here is a quote from Taiwan Province scholar Shi Shangkuan: "There is no definite principle for the retroactivity of law. When discussing the nature of each article, it is the best policy to make individual provisions. " Therefore, this case has a beginning, and it needs to be proficient in the law and needs the help of lawyers who have good relations with prisons, intermediate people's courts or high courts. Spend three or five thousand dollars to hire a lawyer to come forward, remember to pay most of the money after the job is done, so as not to be bound by feelings and not to fight, and advise you to accept the judgment and lawsuit. If there are still difficulties, you can ask questions again. I am willing to help.

As for the procedure you mentioned, I think it can be reported to the prison administration of the prison, and then they will coordinate with the Intermediate People's Court or the High Court.