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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PROCEDURES FOR PRISONS TO PROPOSE COMMUTATIONS OR PAROLES CHAPTER III PROCEDURES FOR THE BUREAU OF PRISON ADMINISTRATION FOR EXAMINATION OF THE PROPOSAL OF SUBMISSION FOR COMMUTATION OR PAROLE CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to regulate the procedures for prisons to propose commutations and paroles, the present Provisions are enacted in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Litigation Law of the People's Republic of China and the Law of the People's Republic of China on Prisons, and in light of the actual situations of the execution of criminal punishment. Article 2. When proposing a commutation or parole, the prisons shall comply with the conditions and procedures provided for by law, abide by the principles of openness, fairness and justice, and apply the system of collective evaluation and have the leader assume full responsibility. Article 3. With respect to the commutation or parole of a criminal sentenced to fixed-term imprisonment, the proposal shall be filed by the prison and be submitted for ruling to the intermediate people's court of the place where the criminal serves the sentence. Article 4. With respect to the commutation of a criminal sentenced to death sentence with a two-year reprieve, or of a criminal sentenced to life imprisonment, the proposal shall be filed by the prison, and upon examination and consent of the bureau of prison administration of the province, autonomous region, or municipality directly under the Central Government, be submitted for ruling to the higher people's court of the place where the criminal serves the sentence. Article 5. A prison shall set up the examination commission for commutations or paroles (hereinafter referred to the examination commission), which shall consist of the deputy warden in charge, and the principals of the relevant departments of punishment execution, prison administration, education and reform, living and sanitation, in-prison detection, and supervision, and the director of the examination commission shall be assumed by the deputy warden in charge. There shall be no fewer than 7 members in the examination commission of a prison. Article 6. The proposal for commutation or parole shall be collectively evaluated by the prison area, be examined by the executive meeting of the principals of the prison areas, be submitted by the prison to the examination commission, and be decided by the executive meeting of wardens. Where the bureau of prison administration of the province, autonomous region, or municipality directly under the Central Government examines a proposal for commutation or parole, the deputy bureau director in charge shall convene the relevant departments of punishment execution etc. to make the examination, and submit the proposal to the bureau director for decision, or may hold the executive meeting of directors to make the decision if necessary. CHAPTER II PROCEDURES FOR PRISONS TO PROPOSE COMMUTATIONS OR PAROLES Article 7. To propose a commutation or parole, the sub-prison area shall hold the police plenary meeting, and in accordance with the conditions provided for by the law and in light of the performance of the criminal in the service of imprisonment, make collective evaluation and present the proposal, which shall be submitted to the executive meeting of the prison area principal for examination and consent before being submitted to the department of punishment execution (prison administration) of the prison for examination. With respect to the sub-prison areas directly under the prison or the prison areas not divided into sub-areas, the collective evaluation may be carried out by all the police, and the proposal of commutation or parole presented thereby shall be submitted to the department of punishment execution (prison administration) of the prison for examination. With respect to the collective evaluation made by the sub-prison area, the sub-prison area directly under the prison, or the prison that is not divided into sub-areas, as well as the examination made by the executive meeting of the principal of the prison area, written records shall be taken, and be signed by the participants. Article 8. Where a prison area or sub-prison area directly under the prison submits any proposal for the commutation or parole of a criminal, the following materials shall be submitted: (1) Examination Form of the Commutation (Parole) of the Criminal; (2) Records of the executive meeting of the prison area principal, or of the collective evaluation made by the sub-prison area directly under the prison or by the prison area; (3) Photocopy of the judgment, ruling and the previous rulings on commutation rendered by the court of final instance; and (4) Detailed score assessment form of the criminal, examination and approval form of award and punishment, criminal evaluation authentication form and other relevant certifications. Article 9. After receiving the materials of proposal for a criminal's commutation or parole, the department of punishment execution (prison administration) of the prison shall examine the following matters: (1) Whether the materials required to be submitted are all ready, complete, and normative; (2) Whether the criminal has showed heart-felt repentance, or has done any deed or major deed of merit; (3) Whether the proposal for commutation or parole is appropriate; and (4) Whether the criminal meets the statutory conditions for commutation or parole. The department of punishment execution (prison administration) shall, after finishing the examination, give examination opinions, which shall be submitted for examination, together with the materials submitted by the prison area or sub-prison area directly under the prison, to the examination commission. Article 10. The examination commission shall hold a meeting to examine the proposal of commutation or parole submitted by the department of punishment execution (prison administration). Written transcripts shall be taken in the meeting, and shall be signed by the participants of the meeting. Article 11. The examination commission shall, after the examination, publicize within the prison the name list of the criminals proposed for commutation or parole, as well as the opinions on the commutation or parole. The publication period is 7 workdays. During that period, if any police or criminal raises dissidence against the publication, the examination commission shall carry out a review, and make the results known. Article 12. The examination commission shall, after finishing the examination and publication procedures, submit the proposal of submission for commutation or parole and the examination report to the warden executive meeting for decision. Article 13. Where the warden executive meeting decides to submit for commutation or parole, the warden shall sign opinions on the Examination Form of Commutation (Parole), and affix thereon the official stamp of the prison, and the department of punishment execution (prison administration) shall make the Proposal for Commutation or the Proposal for Parole pursuant to the provisions of the law, which shall be submitted, together with the relevant materials, to the people's court for ruling. With respect to the proposal for the commutation or parole of the criminals specified in Article 4 of the present Provisions, the prison shall submit the Examination Form of Commutation (Parole) of the Criminal, together with the relevant materials, to the bureau of prison administration of the province, autonomous region, or municipality directly under the Central Government for examination. Article 14. A prison shall submit the following materials of proposal for commutation or parole of a criminal with the people's court: (1) Proposal of Submission for Commutation or Proposal of Submission for Parole; (2) Photocopy of the judgment, ruling, and previous rulings of commutation rendered by the court of final instance; (3) Written evidence materials of the concrete facts that the criminal has showed heart-felt repentance, or has done any deed or major deed of merit; and (4) Criminal evaluation authentication form, examination and approval form of award and punishment. With respect to submission for commutation or parole for the criminals specified in Article 4 of these Provisions, the Examination Form on Commutation (Parole) of Criminal, with the opinions signed by the bureau of prison administration of the province, autonomous region, or municipality directly under the Central Government, shall be submitted. Article 15. When making a proposal for the commutation or parole of a criminal with the people's court, a prison shall, at the same time, notify in writing the proposal for commutation or parole to the people's procuratorate or the detached prosecutorial office. CHAPTER III PROCEDURES FOR THE BUREAU OF PRISON ADMINISTRATION FOR EXAMINATION OF THE PROPOSAL OF SUBMISSION FOR COMMUTATION OR PAROLE Article 16. After the bureau of prison administration of a province, autonomous region, or municipality directly under the Central Government receives the materials of proposal for commutation or parole submitted by a prison, the deputy bureau director in-charge shall call in the relevant departments of punishment execution (prison administration) etc. to make the examination. If the materials submitted by the prison are found to be incomplete or doubtful, the prison shall be notified to supplement the relevant materials or to make the explanation. Article 17. After the examination is finished, the deputy director of the bureau of prison administration shall submit the examination opinions to the bureau director for examination and decision; with respect to major cases or the commutation or parole of the criminals with other special circumstances, the deputy director may propose to hold the directors' executive meeting for examination and decision. Where the bureau of prison administration, upon examination, agrees the commutation or parole of the criminal, the bureau director shall sign opinions on the Examination and Approval Form of Commutation (Parole) of the Criminal, and affix thereon the official stamp of the bureau. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 18. Wither respect to any proposal for commutation or parole in violation of the provisions of law and the present Provisions, the liable party shall be given corresponding administrative sanctions regarding the seriousness of the circumstances; where a crime is constituted, the criminal liabilities shall be investigated for. Article 19. These Provisions shall be observed in the making of proposals for commutation or parole by the prisons directly under the Ministry of Justice; the commutation or parole of the criminals specified in Article 4 of these Provisions shall be submitted for examination to the Bureau of Prison Administration of the Ministry of Justice. Article 20. The power to interpret these Provisions shall remain with the Ministry of Justice. Article 21. These Provisions shall come into force on May 1, 2003. |
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