Prison is the state's penalty execution organ, holding criminals who are sentenced to fixed-term imprisonment, life imprisonment and death penalty with a two-year suspension according to law. Prisons implement the principle of combining punishment with reform and combining education with labor to transform criminals into law-abiding citizens.
Criminals must be punished and reformed in prison, strictly abide by laws, regulations and prison rules, obey management, receive education and take part in labor. Criminals must strictly abide by the code of conduct for reforming criminals while serving their sentences in prison. The people's procuratorate shall supervise the legality of prison execution of criminal activities according to law.
I. Basic rights and obligations of criminals
(A) the basic rights of criminals
1. Criminals have the right to personal integrity, personal safety and legal property without being insulted;
2. Criminals have the right to defend, appeal, accuse and report;
3. Criminals who are not deprived of political rights have the right to vote;
4. Criminals have the right to rest on statutory holidays and rest days;
5. Criminals have the right to maintain their health and seek medical treatment in case of illness;
6. Criminals have the right to correspond and meet in accordance with regulations;
7. Criminals have the right to receive administrative and criminal rewards according to law;
8. Criminals have the right to be released as scheduled after serving their sentences;
9. Criminals have other rights that are not deprived or restricted by law;
(2) Basic obligations of criminals
1, criminals have the obligation to abide by national laws and regulations;
2. Criminals have the obligation to observe prison rules and discipline;
3, criminals have the obligation to obey the prison people's police management according to law;
4. Criminals who have the ability to work have the obligation to participate in labor;
5. Criminals have the obligation to receive ideological, cultural and technical education;
6. Criminals have the obligation to care for state property and protect public facilities;
7. Criminals have the obligation to maintain normal reform order and consciously accept reform;
8. Criminals have the obligation to report illegal and criminal activities;
9. Criminals have other obligations stipulated by laws and regulations.
Two. Provisions on imprisonment of criminals
1. A criminal whose court judgment has taken legal effect, whose appeal period has expired, and who has been sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment with the remaining sentence of more than one year.
2. The prison shall conduct a physical examination on the criminals who have been handed over for execution of the penalty. After examination, a criminal sentenced to fixed-term imprisonment may not be put in prison for the time being under any of the following circumstances:
(1) Suffering from a serious illness and needing medical parole;
(2) Women who are pregnant or nursing babies;
3. The prison shall strictly check the person and the articles carried by the criminals delivered for execution. Non-necessities of life shall be kept by the prison or returned to the family members with the consent of the criminals, and contraband shall be confiscated. Female prisoners are inspected by the female people's police.
4. After the prisoner is put into prison, the prison shall notify the prisoner's family, and the notice shall be issued within five days from the date of admission.
III. Conditions and procedures for the evaluation and graded treatment of criminals
(1) evaluation
1. Criminals who are serving their sentences in prison must take the scoring assessment.
2. The prison shall establish a daily assessment system for prisoners, and adopt the scoring assessment method to assess prisoners. Scoring assessment results as an important basis for graded treatment and administrative rewards and punishments.
3, the assessment by the prison people's police directly responsible for, according to the provisions of the score, do a good job of evaluation records, and timely publish the results.
4. If there is any objection to the assessment results, you may apply to the prison for reconsideration, and the relevant prison departments shall make a reply within 7 working days.
(2) classification treatment
1, classify criminals into three levels (wide tube, general tube and strict tube) and five levels (first-class wide tube, second-class wide tube, general tube, second-class strict tube and first-class strict tube);
2. The prison shall determine and adjust the treatment level of criminals according to the time of serving their sentences and the performance of reform;
3. If you have any objection to the level of treatment, you can apply to the prison for reconsideration, and the competent department should give a reply within 10 working days;
4. Criminals with different treatment levels enjoy different treatment in communication, meeting, life, entertainment and management.
5. According to the regulations, the prison can approve qualified criminals and their relatives to enjoy telephone calls, family dinners and family accommodation.
Four. Provisions on correspondence and meeting of criminals
1. Criminals can communicate with others while serving their sentences, and the correspondence should be checked. Letters found in prisons that hinder the reform of criminals should be detained. Letters written by criminals to prison higher authorities and judicial organs are not subject to inspection;
2. A prisoner may have a telephone conversation with his relatives or guardians during his sentence. If a prison finds the propaganda content that hinders the reform of criminals, it shall stop it in time;
3. While serving a sentence, a prisoner may meet with his relatives and guardians in accordance with regulations, and the articles received during the meeting shall be inspected;
4. Interviewers must hold resident ID cards and interview certificates issued by the prison when meeting criminals. When meeting for the first time, go through the meeting formalities with the Notice on Supervision of Criminals, ID card and the certificate issued by the local public security organ that the criminals and the interviewees are relatives or guardians;
5. When criminals meet, they are given different ways of meeting according to different treatment levels.
Verb (abbreviation of verb) Conditions and approval procedures of administrative reward for criminals
(a) the conditions for obtaining praise, material rewards or merit.
In any of the following circumstances, the prison may give praise, material rewards or merit:
1. Abide by the prison rules and discipline, study hard, work actively, plead guilty and serve the law;
2. Prevent illegal and criminal activities;
3, overfulfilled production tasks;
4, saving raw materials or caring for public property, with achievements;
5, technological innovation or care for public property, has a certain effect;
6, in the prevention or elimination of disasters and accidents to make a certain contribution;
7. Other contributions to the country and society.
If a prisoner sentenced to fixed-term imprisonment has one of the above circumstances, executed more than half of the original sentence, has always performed well during his sentence, and will not endanger society again after leaving prison, the prison may allow him to leave prison to visit relatives according to the circumstances;
Prisons carry out activities of selecting and reforming activists, and those who meet the selection conditions can be awarded the title of reforming activists.
(2) Conditions for rewarding meritorious personnel
In any of the following circumstances, the prison may reward meritorious service:
1, report and expose criminal activities inside and outside the prison, or provide important clues to solve the case, which is verified by investigation;
2. Stop others from criminal activities;
3, technological innovation in production and scientific research, outstanding achievements;
4. Being active in emergency rescue and disaster relief or eliminating major accidents;
5, there are other outstanding deeds beneficial to the country and society.
(3) examination and approval procedures
1. Administrative rewards for criminals shall be collectively studied by the prison area (sub-prison area) and put forward opinions. The list of reports should be published among prisoners, reviewed by the prison authorities and approved by the competent prison director; Major meritorious service shall be audited by the prison and reported to the provincial prison administration for approval.
2. The results of administrative rewards shall be made public to criminals. If a prisoner disagrees with the decision on administrative reward, he may apply to the prison organ for reconsideration, and the prison organ shall give a reply within 7 working days.
Six, the conditions of criminal administrative punishment and examination and approval procedures
(a) the conditions for administrative punishment of criminals
A prison may give a warning, record a demerit or confine a prisoner in any of the following circumstances that disturb the supervision order:
1, gathering people to disturb the prison and disturb the normal order;
2. Abusing or beating the people's police;
3. Bullying other criminals;
4. Stealing, gambling, fighting, and making trouble;
5. Having the ability to work, refusing to take part in labor or slacking, and refusing to change after education;
6. Avoid labor by self-injury;
7. Deliberately violating operating rules or intentionally damaging production tools in production labor;
8. Other acts violating prison rules and regulations.
According to the provisions of the preceding paragraph, the term of imprisonment of criminals is from 7 days to 15 days, and criminals stop meeting their relatives during their imprisonment.
(2) Examination and approval procedures
1. The administrative punishment of warning, demerit recording or confinement to criminals shall be put forward by the collective study of the prison area (sub-prison area), reviewed by the prison authorities and approved by the competent warden.
2. The result of administrative punishment shall be made public to criminals. If a prisoner refuses to accept the decision on administrative punishment, he may apply to the prison administration for reconsideration, and the prison administration shall give a reply within 7 working days.
Seven. Conditions and procedures for commutation, parole and recidivism of criminals
(1) Conditions for commutation
Criminals sentenced to life imprisonment or fixed-term imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly show repentance or meritorious service; One of the following major meritorious deeds shall be commuted:
1, stop others from committing major criminal activities;
2, report major criminal activities inside and outside the prison, verified;
3, there are inventions or major technological innovations;
4. In daily production and life, giving up saves people;
5 outstanding performance in resisting natural disasters or eliminating major accidents;
6. Other significant contributions to the country and society.
The actual sentence executed after commutation shall not be less than half of the original sentence; Sentenced to life imprisonment, more than ten years; Sentenced to death with a two-year suspension of execution, not less than 12 years (excluding a two-year suspension).
(2) Procedure for commutation of sentence
1. When reducing the sentence of a prisoner with fixed-term imprisonment (including a prisoner whose original death sentence has been suspended for two years and his life imprisonment has been commuted to fixed-term imprisonment), the prison where the prisoner is located will collectively study and put forward opinions. After being examined by the competent prison department and approved by the competent prison director, the prison shall put forward a written proposal for commutation and report it to the local intermediate people's court for ruling according to law.
2. The commutation of the sentence of a criminal sentenced to death with a two-year suspension of execution and life imprisonment shall be made by the prison where the criminal is located, submitted to the provincial prison administration for examination and approval, and submitted to the higher people's court for ruling according to law.
3. No commutation shall be allowed without legal procedures, and the result of commutation shall be made public among criminals.
(3) Conditions for parole
Criminals sentenced to fixed-term imprisonment have been sentenced to more than half of the original sentence, while criminals sentenced to life imprisonment have actually been sentenced to more than 10 years. They can consciously abide by prison regulations, receive education and reform, and do show repentance. After parole, they will not endanger society.
Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for violent crimes such as murder, explosion, robbery, rape and kidnapping shall not be released on parole.
(4) Parole procedure
1. When a prisoner with fixed-term imprisonment (including a prisoner whose original death sentence was suspended for two years and his life sentence was commuted to fixed-term imprisonment) is released on parole, the prison area (sub-prison area) where the prisoner is located will collectively study and put forward opinions. After being examined by the prison authorities and approved by the competent warden, the prison shall put forward a written proposal for parole and submit it to the local intermediate people's court for ruling according to law.
2. For the parole of a criminal sentenced to life imprisonment, the prison where the criminal is located shall put forward a written proposal for parole, which shall be submitted to the provincial prison administration for examination and approval, and then submitted to the higher people's court for ruling according to law.
3. The probation period of parole for fixed-term imprisonment is the sentence that has not been executed; The probation period of parole for life imprisonment is limited to ten years.
4. No parole without legal procedures. The result of parole should be made public among criminals.
(five) the handling of criminals who commit crimes again.
1. According to the provisions of Article 315 of the Criminal Law, a criminal detained according to law commits one of the following acts that disturb the supervision order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years:
(1) Beating the supervisor;
(2) Organizing other supervised persons to disturb the supervision order;
(3) Gathering people to make trouble and disturbing the normal supervision order;
(4) Beating or corporal punishment or instructing others to beat or corporal punishment other criminals.
2. According to the provisions of Articles 316 and 317 of the Criminal Law, a criminal who is legally detained escapes, robs the criminal on the way of escort, organizes the ringleaders who escaped from prison and actively participates in it, and is sentenced to fixed-term imprisonment of more than three years according to law.
3. If a criminal intentionally commits a crime while serving his sentence, he shall be given a heavier punishment according to law.
4. The prison shall be responsible for the investigation of crimes committed by criminals in the prison. After the investigation is completed, a prosecution opinion is written and transferred to the people's procuratorate together with case files and evidence.
Eight. Conditions and procedures for temporary execution outside prison
(1) Conditions for temporary execution outside prison
1. A criminal sentenced to fixed-term imprisonment (including the original death sentence suspended for two years and life imprisonment commuted to fixed-term imprisonment) may be temporarily executed outside prison under any of the following circumstances:
(1) Suffering from a serious illness and needing medical parole;
(2) Women who are pregnant or nursing babies;
(3) Old and sick or physically disabled, unable to take care of themselves.
2, for criminals who apply for temporary execution outside prison, which may be harmful to society, or criminals who self-harm, shall not be temporarily executed outside prison.
(2) Handling procedures
1. For criminals who need to be temporarily executed outside prison, their prison area (sub-prison area) will collectively study and give opinions. After examination by the competent prison department and with the consent of the competent prison director, according to the disability of criminals, go to the hospital designated by the provincial people's government for disability appraisal;
2, according to the prison disability appraisal conclusion, collective research review;
3. If it is agreed to handle the temporary execution outside prison after research, the guarantor shall be determined and the guarantor formalities shall be handled;
4. The prison will temporarily execute the examination and approval materials outside the prison and report them to the provincial prison administration for examination and approval. The provincial prison administration temporarily gives collective study to the execution and examination and approval team outside prison once a month, and timely handles those who are in danger of death. The approving organ shall notify the public security organ and the people's court that originally pronounced the sentence of the decision to temporarily execute the sentence outside prison, and send a copy to the people's procuratorate;
5. A criminal who is temporarily executed outside prison shall be brought back by the guarantor and reported to the police station in time. The guarantor shall earnestly perform the obligation of guarantee.
(3) Conditions for execution of imprisonment
A criminal who is temporarily executed outside prison shall be put in prison according to law in any of the following circumstances:
1, breaking the law again;
2, in violation of laws, administrative regulations or the relevant provisions of the supervision and management of public security organs, if the circumstances are serious, has not yet constituted a crime;
3, take illegal means to cheat medical parole;
4. After treatment, the disease is cured or the condition is basically improved, and the sentence is not full;
5. Failing to seek medical treatment after medical release, or deliberately delaying the time of medical release by means of self-injury, self-injury or deception.
Illegally defrauding medical parole or going out without the approval of the public security organ during medical parole shall not be included in the execution of the sentence.
Nine. Conditions and procedures for prisoners to visit relatives in prison
(1) condition
A prisoner sentenced to fixed-term imprisonment (including death sentence suspended for two years and life imprisonment commuted to fixed-term imprisonment) who meets one of the following conditions may, with the approval of the prison, go out to visit relatives:
1, executing more than half of the fixed-term imprisonment;
2. It belongs to a broad management level in hierarchical management;
3. He has been doing well during his prison term and will not endanger society again after he is released from prison;
4. Visiting relatives: parents, children and spouses;
5. The object of visiting relatives is within the administrative region of the province where the prison is located.
Although the above conditions have been met, criminals with unstable thoughts, poor self-control or anger at home are not allowed to visit relatives in prison.
(2) Examination and approval procedures
65438+ When an important criminal leaves prison to visit relatives, he must report to the provincial prison administration for approval.
2. Criminals who are approved to leave prison to visit relatives shall be signed by their relatives in prison, take the criminals away and ensure that they are returned on schedule. Criminals who fail to return within the time limit shall be punished as escaping, except for those who cannot return to prison on time due to irresistible reasons.
3. After returning to the place of visiting relatives, criminals must report to the local police station in time with the "Certificate of Visiting Relatives from Prison" and take the initiative to accept the supervision of the public security organs. Upon the expiration of visiting relatives, the police station fills in the criminals' opinions on their performance outside and the criminals take them back to prison.
4. Eligible criminals are only allowed to leave the prison to visit their relatives once a year, each time for 3 to 7 days (excluding travel time). The proportion of prisoners visiting relatives in prison every year shall not exceed 2% of the total number of prisoners in prison.
X. Conditions and procedures for special leave from prison
(1) condition
Criminals under any of the following circumstances may be granted special permission to go home from prison to visit or deal with them:
1, the remaining sentence is below 10 years, and the reform performance is good;
2. The spouse, immediate family member or guardian is critically ill, dies, or there is a major change in the family, and it is really necessary for him to go back and deal with it;
3, there are critically ill or death certificates issued by hospitals at or above the county level, and opinions signed by local village (neighborhood) committees and police stations;
4. Persons released from prison with special permission are located in the administrative area of the province where the prison is located.
(2) Examination and approval procedures
1. The application for special permission to leave the prison should be made by the prisoner himself or his relatives. Prison (sub-prison) shall, according to the actual situation of prisoners, fill in the "Approval Form for Special Permission to Leave Prison" after collective study, which shall be audited by the prison management department and reported to the competent prison leader for approval. For important criminals to visit relatives in prison, they must be reported to the provincial prison administration for approval.
2. The prison must send police to escort and closely monitor those criminals who have been released from prison. Those who cannot return to prison that night must be held in the nearest prison or local detention center.
3. The time for prisoners to leave the prison with special permission is 1 day.
XI。 Handling complaints, reports and accusations against criminals
1. A criminal who refuses to accept the effective judgment may lodge a complaint. The prison shall promptly forward the complaint materials to the people's court or the people's procuratorate;
2. The prison shall promptly investigate and handle the complaints and accusation materials submitted by criminals to the prison, or refer them to the relevant authorities for handling;
3. The prison shall promptly send the accusation and accusation materials written by criminals to the higher authorities or other prison organs, and shall not detain them;
4, the prison should set up a special mailbox in the cell, accept the prisoners' complaints, reports and accusations, and designate a person to open it, responsible for handling.
XII. Life and Health Management of Criminals
(A) the life management of criminals
1. The prison provides meals according to the physical quantity standards stipulated by the state to ensure that prisoners are well fed, well prepared and hygienic; Publish recipes to criminals every week and food expenditure accounts every month;
2. For ethnic minority criminals with special living habits, prisons have special stoves; Take proper care of the diet of sick criminals;
3. The prison where criminals live should be firm, ventilated, transparent, clean and warm;
4. Criminals must wear prison uniforms, which are uniformly distributed by the prison according to state regulations.
(2) Medical management of criminals
1, the prison shall set up a medical institution to be responsible for the medical care of criminals, so that criminals can be treated;
2, the prison should establish a health and epidemic prevention network, regularly check the sanitary conditions of the kitchen and prison, and get timely treatment.
Thirteen. Education and reform of criminals
In the education of criminals, the principles of teaching students in accordance with their aptitude, classifying education and convincing others by reasoning are implemented, and the methods of combining collective education with individual education and prison education with social education are adopted.
1. Prisons provide ideological education, culture and vocational and technical education to prisoners in the aspects of legal system, morality, situation, policies and future;
2, to participate in cultural, vocational and technical education of criminals, after passing the examination, by the social education, labor department issued graduation, graduation or technical grade certificate; Prisons encourage criminals to take social self-study exams;
3. Prisons are equipped with necessary teachers, teaching places and teaching equipment, and arrange necessary education time;
4. The prison welcomes all walks of life and relatives of criminals to participate in social assistance and education activities and assist the prison in reforming criminals.
Fourteen, the prison people's police work discipline and relevant laws and regulations.
1 The prison people's police shall strictly abide by the Constitution and laws, be loyal to their duties, enforce the law impartially, and be honest and upright.
2, the prison people's police shall have the following acts:
(1) soliciting, accepting or embezzling the property of criminals and their relatives;
(2) Releasing a criminal without permission or neglecting his duty to cause the criminal to escape;
(3) extorting confessions by torture or maltreating criminals by corporal punishment;
(4) Insulting the criminal's personality;
(5) Beating or conniving at others beating criminals;
(six) using criminals to provide services for personal gain;
(seven) in violation of regulations, privately delivering letters or articles for criminals;
(eight) illegally handing over the supervision of criminals to others;
(9) Other illegal acts.
If the prison people's police commit the acts listed in the preceding paragraph, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.
In addition, I asked several prisoners how many counselors they should have, and the prison police couldn't tell clearly ~ ~ It was dark inside, so we could learn something about the "hide-and-seek" incident and so on.