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Procedures for commutation and parole in prisons
Chapter I General Provisions Article 1 These Provisions 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), and in combination with the actual situation 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 implement collective appraisal and the responsibility system for persons in charge. Article 3 The commutation and parole of a prisoner sentenced 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 A prison shall set up a review committee for commutation and parole, which shall be composed of the deputy director in charge and the heads of relevant departments such as penalty execution, prison management, education and reform, life hygiene, investigation and supervision of the prison, and the director shall be the deputy director in charge. The members of the prison commutation and parole review committee shall not be less than 7. Article 6 A prison's application for commutation or parole shall be collectively reviewed by the sub-prisons, reviewed by the warden's office, reviewed by the prison's commutation and parole review committee, and decided by the warden's office.

The prison administrations of provinces, autonomous regions and municipalities directly under the Central Government shall review the suggestions on commutation and parole, and the deputy director in charge shall convene relevant departments such as penalty execution to review and report to the director for examination and approval. If necessary, an office meeting of the director may be held for decision. Chapter II Procedures for Prison Petition for Commutation and Parole Article 7 When requesting commutation and parole, all police officers shall hold a meeting in the sub-prison area, and put forward opinions and suggestions collectively according to the conditions prescribed by law and the performance of criminals in serving their sentences. After being examined and approved by the warden's office, they shall be reported to the prison penalty execution (prison management) department for examination and approval.

A prison directly under a sub-prison area or a prison area without a sub-prison area shall be collectively reviewed by all police officers, and suggestions for commutation and parole shall be put forward and reported to the prison penalty execution (prison management) department for review.

The collective evaluation of the sub-prison area, the sub-prison area directly under it or the prison area without sub-prison area, and the audit of the warden's office meeting shall be recorded in writing and signed by the participants. Article 8 When applying for commutation or parole, the prison area and its sub-prison areas directly under it shall submit the following materials:

(a) the criminal commutation (parole) review form;

(two) the minutes of the warden's office meeting or the collective evaluation records of the sub-prison area and the prisons directly under it;

(3) A copy of the judgment, ruling and previous ruling of the Court of Final Appeal on commutation;

(four) the list of criminal scoring assessment, the approval form for rewards and punishments, the criminal appraisal form and other relevant certification materials. Article 9 The prison penalty execution (prison administration) department shall, after receiving the materials that the prisoner intends to apply for commutation or parole, examine the following matters:

(a) whether the submitted materials are complete, complete and standardized;

(2) to determine whether the criminal has truly repented or rendered meritorious service or made significant meritorious service;

(3) Whether the suggestions on commutation and parole are appropriate;

(4) Whether the criminal meets the statutory conditions for commutation and parole.

After completing the examination, the penalty execution (prison management) department shall issue the examination opinions, together with the materials submitted by the prison area or the sub-prison area directly under it, and submit them to the prison commutation and parole review committee for examination. Article 10 The prison commutation and parole review committee shall hold a meeting to review the suggestions on commutation and parole submitted by the penalty execution (prison administration) department. The meeting shall be recorded in writing and signed by the participants. Article 11 After examination, the prison commutation and parole review committee shall publicize the list of criminals who intend to apply for commutation and parole and the opinions on commutation and parole in the prison. The publicity period is 7 working days. During the publicity period, if the police or criminals have any objection to the publicity content, the prison shall submit it to the commutation and parole review Committee for review and inform the review results. Article 12 After the prison submits the commutation and parole review committee to complete the review and publicity procedures, it shall submit the proposal and review report to the warden's office for deliberation and decision. Article 13 If the warden's office decides to request commutation or parole, the warden shall sign an opinion on the examination and approval form for commutation (parole) of criminals, affix the official seal of the prison, and the prison penalty execution (prison administration) department shall make a commutation proposal or parole proposal according to law and submit it to the people's court for ruling together with relevant materials.

If the criminals listed in Article 4 of these Provisions decide to request commutation or parole, the prison shall submit the Examination and Approval Form for Commutation (Parole) of Criminals together with relevant materials to the prison administration of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval. Article 14 When a prison requests a people's court to make a ruling on commutation or parole, it shall submit the following materials:

(1) Request for commutation proposal or request for parole proposal;

(2) A copy of the judgment, ruling and previous ruling of the Court of Final Appeal on commutation;

(3) Written evidence of specific facts that the prisoner repents or performs meritorious service;

(four) the criminal identification form, reward and punishment approval form.

If the criminals listed in Article 4 of these Provisions request commutation or parole, they shall also submit the Approval Form for Commutation (Parole) of Criminals signed by the prison administrations of provinces, autonomous regions and municipalities directly under the Central Government.