The prisoner's family went to the prison area to apply for medical parole.
Family members are generally not allowed to write an application for medical release on parole, because the application should be made by individuals, not family members. However, in some special circumstances, if I can't write, I can entrust a lawyer or my family members to help me. Medical parole is aimed at criminals who are serving in criminal detention, fixed-term imprisonment or life imprisonment. When they need to go to a large hospital for treatment due to serious illness, they can apply for medical parole.
for criminals who meet the conditions for medical release on parole and need medical release, the criminals and their relatives shall submit a written application, fill in the application form for medical release on parole, and after collective research in the sub-prison area, report it to the prison area for examination and approval, the sub-prison area will take the criminals to the prison hospital for medical appraisal.
The diagnosis conclusion certificate of medical appraisal should be signed by two or more attending physicians and business directors of the hospital, and stamped with official seals. The certification materials of medical appraisal should include medical subjective certification, objective examination, laboratory tests and other materials as well as copies of relevant medical records.
those who meet the conditions for medical release after being identified can submit the approval form for medical release after being released on parole and the conclusion of medical appraisal together with other supporting materials to the prison administration office for review.
after review, the prison administration department submits the approval form for medical parole for criminals, medical appraisal, bail for criminals and other materials, which are approved by the leaders in charge of the prison and the person in charge of the prison commutation, parole and parole review committee, and then submitted to the provincial prison administration for examination and approval. After approval, the certificate for medical parole for criminals is filled in, and the guarantor will release the criminals on bail and go home. If the residence is within the scope of Honghe Prefecture, the prison will send the police to the local public security organ and go through the relevant formalities.
if medical parole is approved, it shall be executed by the public security organ in the criminal's place of residence. The prison shall fill out a notice requesting the execution of supervision and inspection on the criminal who is temporarily executed outside prison and send it to the public security organ in the criminal's place of residence for supervision and inspection of the criminal. At the same time, the prison shall serve the approval documents and relevant legal documents to the procuratorial organs and the original judgment court.
Legal basis
Article 265 of the Criminal Procedure Law of the People's Republic of China
A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(1) He is seriously ill and needs medical treatment on parole;
(2) women who are pregnant or breast-feeding their babies;
(3) Being unable to take care of himself in life, and the application of temporary execution outside prison will not harm the society. A criminal sentenced to life imprisonment may be temporarily executed outside prison under the circumstances specified in the second paragraph of the preceding paragraph. Criminals who are subject to medical parole may be socially dangerous, or criminals who injure themselves may not be granted medical parole. If a prisoner is seriously ill and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall diagnose and issue a certificate. Before delivery for execution, temporary execution outside prison shall be decided by the people's court that delivered it for execution; After the execution is delivered, the prison or detention center shall put forward written opinions on the temporary execution outside prison, and report them to the prison management organ at or above the provincial level or the public security organ at or above the municipal level with districts for approval.