For those who commit serious crimes and are sentenced to fixed-term imprisonment or life imprisonment, they need to spend most of their lives in prison, but it is not impossible to get out of prison early. First, what is parole? Parole is a system in which criminals who have been sentenced to fixed-term imprisonment or life imprisonment are conditionally released in advance after a certain period of imprisonment, because they have truly repented because they have obeyed prison regulations and received education and reform, and no longer endanger society. A paroled criminal who commits a crime again within the probation period of parole does not constitute a recidivist. Parole is an important penalty execution system in our criminal law. Proper use of parole can effectively urge criminals to obey educational reform, make them return to society as soon as possible, and help turn negative factors into positive ones. Two. Provisions on the Procedure of Commutation and Parole Chapter I General Provisions Article 1 In order to standardize the procedure of commutation and parole in prisons, these provisions are formulated in accordance with the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the Prison Law of People's Republic of China (PRC) and other relevant provisions, combined with the actual work of penalty execution. Article 2 A prison shall apply for commutation or parole in accordance with the conditions and procedures prescribed by law, follow the principles of openness, fairness and impartiality, and strictly implement the responsibility system for handling cases. Article 3 The commutation or parole of a prisoner sentenced to fixed-term imprisonment or commuted to fixed-term imprisonment shall be recommended by the prison and submitted to the Intermediate People's Court of the place where the prisoner served his sentence for a ruling. Article 4 The commutation of a prisoner sentenced to death with a two-year suspension of execution and the commutation and parole of a life-imprisonment prisoner shall be proposed by the prison, and shall be submitted to the higher people's court where the prisoner served his sentence for a ruling after being examined and approved by the prison administration of the province, autonomous region or municipality directly under the Central Government. Article 5 Prison administrations and prisons of provinces, autonomous regions and municipalities directly under the Central Government shall set up review committees for commutation and parole respectively, which shall be composed of competent leaders and heads of relevant departments such as penalty execution, prison management, education reform, prison investigation, life hygiene, labor reform and political work supervision, with the competent leaders as directors. The members of the Prison Administration and the Prison Commutation and Parole Review Committee shall not be less than 9. Article 6 A prison's application for commutation or parole shall be studied collectively by the people's police in the prison area with or without sub-prisons, reviewed by the warden's office meeting, reviewed by the prison penalty enforcement department, reviewed by the prison commutation and parole review committee, and decided by the warden's office meeting. The penalty execution departments of the prison administrations of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with legal procedures, review the suggestions on commutation and parole submitted by prisons and issue opinions, report them to the deputy director in charge for convening the commutation and parole review committee for review, and report them to the director for examination and approval. When necessary, they may convene an office meeting of the director for decision. Chapter II Procedures for Prison Petition for Commutation and Parole Article 7 Petition for Commutation and Parole shall be carried out by the people's police in the sub-prison area according to the conditions prescribed by law and in combination with the prisoners' performance in serving their sentences. After being examined and approved by the warden's office meeting, it shall be reported to the prison penalty execution department for examination and approval. In a prison area directly under the sub-prison area or a prison area without sub-prison area, the people's police directly under the sub-prison area or the prison area collectively study and put forward suggestions on commutation and parole, and submit them to the prison penalty execution department for review. The collective research of the people's police and the audit of the warden's office meeting in the sub-prison area, the sub-prison area directly under it or the prison area without sub-prison area shall be recorded in writing and signed by the participants. Article 8 When applying for commutation or parole in a prison area or a sub-prison area directly under it, the following materials shall be submitted: (1) a review form for commutation (parole) of criminals; (two) minutes of the office meeting of the warden of the prison directly under the prison or the collective research meeting of the people's police; (3) Copies of the judgment documents, enforcement notices and previous rulings on commutation of sentences of the Court of Final Appeal; (four) the criminal scoring examination form, criminal appraisal form, reward and punishment approval form and other relevant certification materials; (5) Written proof of the specific facts that the prisoner has truly repented or rendered meritorious service or made significant meritorious service. Article 9 After receiving the materials of commutation and parole of criminals submitted by the prison area or the sub-prison area directly under it, the prison penalty execution department shall examine the following matters: (1) Whether the submitted materials are complete, complete and standardized; (2) Whether the written proof of the specific facts that prove that the criminal has repented or made meritorious service or has made significant meritorious service comes from legal sources; (3) Whether the criminal meets the statutory conditions for commutation and parole; (4) Whether the suggestions on commutation and parole are appropriate. After examination, if the materials are incomplete or do not meet the requirements for submission, it shall notify the prison area or the sub-prison area directly under it to supplement the relevant materials or return them; If there is any doubt about the relevant materials, the criminal shall be arraigned for verification; If the materials are complete and meet the submission requirements, a review opinion shall be issued and submitted to the prison commutation and parole review Committee for review together with the materials submitted by the prison area or the sub-prison area directly under it. If a prisoner requests parole, he shall also entrust the judicial administrative organ at the county level to investigate and evaluate the impact of parole on the community where he lives, and submit the investigation and evaluation report together. Article 10 The prison review committee for commutation and parole shall hold a meeting to review the suggestions on commutation and parole submitted by the penalty execution department and put forward review opinions. The meeting shall be recorded in writing and signed by the participants. A prison may invite people's procuratorates to send personnel to attend the meeting of the review committee for commutation and parole. Chapter III Procedures for Prison Administration to Review Proposals for Commutation and Parole Article 16 The penalty execution departments of prison administration organs of provinces, autonomous regions and municipalities directly under the Central Government shall review the materials submitted by prisons for commutation and parole proposals. If it is found that the materials submitted by the prison are incomplete or in doubt during the review, the prison shall be notified to supplement the relevant materials or make an explanation. After the examination is correct, the examination opinions shall be issued and reported to the deputy director in charge to convene the examination committee for examination. Seventeenth deputy director in charge of prison management shall report to the director for approval after the completion of the audit; If the deputy director in charge thinks that the case is serious or there are other special circumstances, he may propose to convene an office meeting of the director for deliberation and decision. Chapter III Procedures for Prison Administration to Review Proposals for Commutation and Parole Article 16 The penalty execution departments of prison administration organs of provinces, autonomous regions and municipalities directly under the Central Government shall review the materials submitted by prisons for commutation and parole proposals. If it is found that the materials submitted by the prison are incomplete or in doubt during the review, the prison shall be notified to supplement the relevant materials or make an explanation. After the examination is correct, the examination opinions shall be issued and reported to the deputy director in charge to convene the examination committee for examination. Seventeenth deputy director in charge of prison management shall report to the director for approval after the completion of the audit; If the deputy director in charge thinks that the case is serious or there are other special circumstances, he may propose to convene an office meeting of the director for deliberation and decision. If the Prison Administration approves the application for commutation or parole of criminals, the director shall sign the opinions on the examination and approval form for commutation (parole) of criminals and affix the official seal of the Prison Administration. Third, does recidivism constitute recidivism within the probation period of parole? No, because recidivists commit certain crimes within a certain period of time after the execution of the previous penalty. Parole is only the conditional early release of criminals who meet certain conditions. If the punishment has not been executed, their parole shall be revoked immediately and combined punishment for several crimes shall be implemented. The probation period of parole. The probation period of parole for fixed-term imprisonment is limited to the unfinished sentence; The probation period of parole for life imprisonment is 10 years. Parole criminals shall abide by the following provisions during the probation period: (1) Abide by laws and administrative regulations and obey supervision; (2) Reporting the activities in accordance with the provisions of the supervisory organ; (three) to comply with the provisions of the supervisory organ on the reception of visitors; (four) to leave the city or county where you live or to move, it shall be reported to the supervisory organ for approval. To sum up, for the commutation of a criminal, the executing organ shall put forward suggestions for commutation to the people's court at or above the intermediate level. When trying a case, the people's court shall form a collegial panel, and those who have truly repented or rendered meritorious service may be released on parole.
Legal objectivity:
Criminal law of the people's Republic of China
Article 79
For commutation of a prisoner, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. When trying a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall make a ruling to reduce the sentence. Without legal procedures, the sentence may not be reduced.
Criminal law of the people's Republic of China
Article 82
Parole of criminals shall be conducted in accordance with the procedures stipulated in Article 79 of this Law. No parole shall be granted without legal procedures.