Provisions of public security organs on the supervision and administration of criminals who are under control, deprived of political rights, suspended, released on parole and released on parole for medical treatment.
1995 February 2 1, Ministry of Public Security
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Criminal Law, the Criminal Procedure Law and the Regulations on Administrative Penalties for Public Security in order to ensure the smooth progress of criminal proceedings and the strict enforcement of criminal judgments and rulings, and to strengthen the supervision and management of criminals who are under control, deprived of political rights, on probation, on parole and on medical parole.
Article 2 The county (city) public security bureau and the municipal public security bureau shall be responsible for organizing the supervision and management of criminals who are under control, deprived of political rights, suspended on probation, released on parole or released on parole for medical treatment.
Article 3 The supervision and management of criminals who are under control, deprived of political rights, suspended on probation, released on parole or released on parole by public security organs must implement the responsibility system of supervision and management, and be managed according to law and in a civilized manner.
Article 4 After receiving the judgments, rulings or decisions of the people's courts on criminal control, deprivation of political rights, probation, parole and medical parole, or the decisions of the prison administration authorities on medical parole, the public security organs shall promptly form a supervision and inspection team, establish the files of supervised criminals, and formulate and implement specific supervision and management measures.
Article 5 When, with the approval of the public security organ, a criminal who is under control, deprived of political rights, on probation, released on parole or released on medical parole moves in another place, the public security organ that originally executed the criminal shall introduce the criminal's situation to the public security organ in charge of execution in the place where he moves, and transfer it to the supervision and inspection file.
Article 6 The public security organ shall promptly inform the people's procuratorate, the people's court and the prison management organ about the supervision and management of criminals who are under control, deprived of political rights, suspended on probation, released on parole and released on parole for medical treatment.
Article 7 Public security organs shall accept the supervision of the people's procuratorates over the supervision and management of criminals who are under control, deprived of political rights, suspended on probation, released on parole, and released on parole for medical treatment.
Chapter II Supervision and Administration of Criminals under Control or Deprived of Political Rights
Article 8 For criminals sentenced to public surveillance or deprivation of political rights, the county (city) public security bureau and the municipal public security bureau shall designate the public security police station in the criminal's residence to be specifically responsible for supervision and inspection, and the residents' committee, villagers' committee or the original unit in the criminal's residence shall assist in supervision.
Article 9 The public security organ responsible for supervising and inspecting criminals who are under control or deprived of political rights shall, according to the judgment of the people's court, announce the facts of the crime, the time limit for being under control or deprived of political rights and the regulations that criminals must abide by in the process of execution.
Article 10 The public security organ shall announce that criminals sentenced to public surveillance must abide by the following provisions while serving their sentences:
(1) Abide by national laws and regulations and the relevant provisions of the Ministry of Public Security;
(two) actively participate in productive labor or work;
(three) regularly report their activities to the supervision and inspection team;
(four) moving or leaving the living area must be approved by the public security organs;
(five) abide by the specific supervision and management measures formulated by the public security organs.
Eleventh controlled criminals need to leave the residential area, must be approved by the public security organs, and obtain a certificate of going out. When arriving and leaving the destination, you must declare to the local police station, and the destination police station will indicate the round-trip time and performance on the certificate of going out. When returning to the place of execution, you must immediately report to the public security organ and return your certificate.
Twelfth public security organs shall announce to criminals sentenced to deprivation of political rights that they must abide by the following provisions in the process of execution:
(1) Abide by national laws and regulations and the relevant provisions of the Ministry of Public Security;
(two) do not enjoy the right to vote and to be elected;
(three) shall not organize or participate in assembly, procession, demonstration and association activities;
(4) no interviews or speeches;
(five) it is forbidden to publish, publish and distribute speeches, books, audio-visual products, etc. Damage to the national honor and interests or other social hazards at home and abroad;
(six) shall not serve as a state organ;
(seven) shall not hold leadership positions in enterprises, institutions and people's organizations;
(eight) abide by the specific supervision and management measures formulated by the public security organs.
Thirteenth criminals who are under control or deprived of political rights, in violation of these provisions, do not constitute a crime, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 14 When the execution of public surveillance or deprivation of political rights expires, the public security organ shall notify himself and announce to the masses the lifting of public surveillance or the restoration of political rights.
If a criminal dies during the period of control or deprivation of political rights, the public security organ shall promptly notify the people's court or the original prison that originally pronounced the sentence.
If the control is deregulated, a notice of deregulation will be issued, and if the political rights are deprived, the political rights will be announced at the same time.
Chapter III Supervision and Administration of Criminals Sentenced to Probation or Parole
Article 15 During the probation period of probation and parole, the county (city) public security bureau and the municipal public security bureau shall designate the public security police station in the criminal's residence to conduct supervision and inspection, and the residents' committee, villagers' committee or the original unit in the criminal's residence shall assist in supervision.
Article 16 The public security organ responsible for supervising and inspecting criminals who have been declared suspended or paroled shall, according to the judgments and rulings of the people's courts, announce the facts of the crime, the inspection period and the provisions that must be observed during the probation period of probation to the people in their original units or places of residence.
Article 17 The public security organ shall announce to the criminals who have been granted probation or parole that they must abide by the following provisions:
(1) Abide by national laws and regulations and the relevant provisions of the Ministry of Public Security;
(two) regularly report their activities to the executive organ;
(three) moving or leaving the living area must be approved by the public security organs;
(4) Criminals who have been suspended or paroled and are additionally deprived of political rights must abide by the provisions of Article 12 of these Provisions;
(five) abide by the specific supervision and management measures formulated by the public security organs.
Article 18 The public security organ shall regularly inquire about the performance of criminals who have been declared on probation or parole from their original units or the residents' committees or villagers' committees in their places of residence, and establish investigation files.
Article 19 If a criminal released on parole violates these provisions within the probation period of probation, which does not constitute a new crime and needs to be put in prison, the public security organ shall put forward a proposal to the people's court to revoke his parole. If the people's court decides to revoke parole, the public security organ shall promptly put the criminal in prison for execution.
Twentieth criminals who have been declared probation or parole in violation of these provisions, which does not constitute a crime, shall be punished by the public security organs; If the case constitutes a crime, the public security organ shall report to the people's court to revoke the suspended sentence or parole and investigate its criminal responsibility.
Article 21 When the probation period of probation expires, if the criminal who has been declared suspended has not committed a new crime within the probation period, the original sentence will not be executed, and the public security organ will announce it by itself and notify the people's court that made the original judgment.
After the probation period of parole expires, if the paroled criminal does not commit a new crime within the probation period, it shall be deemed that the original sentence has been executed, and the public security organ shall announce it to him and notify the people's court that originally ruled and the prison where the criminal was originally held.
If a criminal dies during the period of probation or parole, the public security organ shall promptly notify the people's court and the original prison of the original judgment.
Chapter iv supervision and management of criminals released on medical parole
Article 22 The county (city) public security bureau and the municipal public security bureau shall designate the criminal's domicile or go to the police station where the hospital is located for supervision, and the neighborhood committee, villagers' committee or the original unit shall assist in supervision. When necessary, the public security organ may designate a special person for guardianship.
Article 23 The public security organ shall publish the facts of the crime, the reasons for medical parole and the regulations that criminals must abide by during the period of medical parole.
Article 24 The public security organ shall announce to the criminals who are released on medical parole that the following provisions must be observed during the period of medical parole:
(1) Abide by national laws and regulations and the relevant provisions of the Ministry of Public Security;
(2) being treated in a designated hospital;
(three) due to special requirements such as treatment and nursing, it is necessary to transfer to a hospital or leave the living area, and it must be approved by the public security organ;
(four) social activities other than the treatment of diseases must be approved by the public security organs;
(five) abide by the specific supervision and management measures formulated by the public security organs.
Article 25 If a public security organ discovers that a prisoner released on bail for medical treatment has any of the following circumstances, it shall promptly notify the original prison to accept him:
(a) defrauding medical parole;
(two) after treatment, the disease is cured or the condition is basically improved, and can be put into prison;
(3) Deliberately delaying the time for medical treatment on parole by means of self-injury, self-injury or deception;
(4) Failing to seek medical treatment after being released on medical parole;
(five) in violation of the provisions of education supervision and management.
Twenty-sixth criminals released on medical parole in violation of these provisions during the period of medical parole, which does not constitute a crime, shall be given administrative penalties for public security by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 27 If a prisoner's sentence expires during his medical parole, the public security organ shall promptly notify the prison where he served his sentence and go through the release procedures.
If a criminal dies while being released on medical parole, the public security organ shall promptly notify the original prison.
Chapter V Supplementary Provisions
Article 28 These Provisions shall come into force as of the date of promulgation.