Can I be released on parole?
Whether a prisoner executed outside prison can apply for parole depends on the specific circumstances, and those who meet the conditions can apply for parole. According to the provisions of Article 81 of the Criminal Law, if a prisoner sentenced to fixed-term imprisonment has executed more than half of the original sentence, and a criminal sentenced to life imprisonment has actually executed it for more than 13 years, has earnestly observed prison regulations, received education and reform, and has truly repented, and is not in danger of recidivism, he can be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived. Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole. When deciding to release a criminal on parole, we should consider the impact on the community where he lives after parole.
Conditions for execution of imprisonment outside prison
A criminal who is temporarily executed outside prison shall be put into prison in accordance with the law under any of the following circumstances:
(a) illegal crime again;
(two) in violation of laws, administrative regulations or the relevant provisions of the public security organs, the circumstances are serious and have not yet constituted a crime;
(3) Obtaining medical parole by illegal means;
(four) after treatment, the disease has been cured or the condition has basically improved, and the sentence has not expired;
(5) Failing to seek medical treatment after being released on medical parole, or deliberately delaying the time of being released on medical parole by means of self-injury, self-mutilation 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.
The life of these criminals who are executed outside prison is not completely free, but is supervised by the judicial organs in another way, and their personal freedom is also restricted. Therefore, execution outside prison also shows respect for the human rights of criminals. However, if you continue to violate the law unscrupulously during the execution outside prison, the court will immediately cancel the execution outside prison.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 265 of the Criminal Procedure Law
A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(a) there is a serious illness that requires medical parole;
(2) Women who are pregnant or nursing babies;
(three) life can not take care of themselves, the application of temporary execution outside prison will not harm 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 released on medical parole may be socially dangerous, or criminals who self-harm may not be released on medical parole.
If a prisoner suffers from a serious illness 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 delivering execution; After delivery, the prison or detention center shall put forward written opinions on 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.