Analysis of the conditions of parole, probation period and survey

Parole is to be sentenced to imprisonment for life imprisonment for crimes in the implementation of a certain sentence elements, because of the performance of true repentance, no longer harm society to be a conditional early release of a system.

First, the conditions of parole
According to the provisions of the Criminal Code �ڰ�ʮһ��, parole application of Criminals, you must meet the following conditions:
(I must have been sentenced to imprisonment or life imprisonment for Criminals
Because of its characteristics of parole, the decision only applies to deprivation of liberty imposed. Sentenced to death two-year reprieve offenders, due to the death penalty that are suspended death sentence in the areas of life, therefore, does not apply for parole. However, the reprieve of execution committed in expires, according to the Law reduced to life imprisonment or imprisonment of, you can apply for parole. the penalty of deprivation of liberty in the short term detention, the use of parole no practical significance. If Criminals really repent, or commutation of sentence for probation .

However, after being sentenced to imprisonment and life imprisonment, if you are recidivists as a result of murder, bombing, robbery, rape, kidnapping and other violent crimes was sentenced to a term of imprisonment of more than ten years, shall not apply to parole. In view of such serious Criminal offenses, subjective malignant deep, social dangerous, on the transformation of society, it may then cause harm to society, therefore, criminal Law, the conditions necessary to apply strict parole restrictions.

(B must be a part of the sentence has been executed criminals
Only after a certain period of labor reform in order to test whether the offender has Gaiecongshan performance, no longer harm society, and only enough to be serving sentences in order to maintain the people's court of the seriousness and stability. Then, criminals have to How long before serving for parole it? �ڰ�ʮһ�� according to the provisions of the Criminal Code, was sentenced to life imprisonment, the actual implementation must be more than a decade. criminals from the prison to life imprisonment and later reduced to comply with parole conditions, and still have the original Pan Wuqi to the practical implementation of more than ten years in prison for parole, can not be understood as reduced by long-form term sentence has been executed after more than half, to consider for parole. reprieve offenders released on parole after remission, and its practical implementation term of not less than twelve years . �ڰ�ʮһ�� provisions under the Penal Code, if there are special circumstances approved by the Supreme People's Court, also from the implementation of term limits. the so-called "special circumstances" refers to the country's political, defense and diplomatic aspects of the special needs of .

(C must repent, no longer harm society
This is to determine whether the critical condition of parole. So-called "no longer harm society" means during the execution of criminal penalties for consistent performance in a good, indeed have the "true repentance of the four aspects of the situation, not illegal, the new crime of repeat offenders , or old age, physical disability (excluding self-injury disability, and loss of ability to commit crimes.

Second, the probation period and survey
The criminals are on parole remains in a certain period of the penalty to continue the implementation of the possibility of yet. Therefore, there must be an appropriate test period to ensure the transformation of criminals continue to monitor. Eighty-three under the provisions of the Criminal Law, The probation period for imprisonment for a term of imprisonment has not been completed, the probation period for life imprisonment for ten years. probation period from the date of parole. In judicial practice, guilty of the probation period of imprisonment of mastery of not less than six months.

Criminal Law stipulates that the eighty-sixth, was paroled criminals in the probation period, be supervised by the public security organs. In judicial practice, the specific implementation of the parole supervision and inspection authorities are offenders on parole to the police station.

Criminal Law eighty-four pairs parolees during the probation period should be made clear to comply with the provisions of a code of conduct, namely: compliance with laws and administrative regulations, submit to supervision, in accordance with the provisions of oversight bodies report on their activities, observing the supervising organ for meeting visitors provisions, leaving the county of residence, city or moved, shall be reported to the supervisory authorities.

After a criminal investigation to be released on parole during the probation period, if not committed new crimes, but also not aware of any other statutory conditions of parole should be revoked, and the probation expired, that the original sentence should have been completely executed by the responsible for the supervision of the public security organs investigated shall be made public. Links http://www.hi138.com Research Papers Download