According to the provisions of China's Criminal Procedure Law, the public security organs may entrust the police station, grass-roots organizations or their original units where the criminals live to assist in supervision and control of criminals who are executed outside prison. After the situation that hinders the execution of punishment in prison disappears, criminals still need to be put in prison for execution.
For criminals serving their sentences in prison, the procedures performed outside the prison are as follows:
1 If a criminal suffers from a serious illness and must be released on parole for medical treatment, a certificate shall be issued by the hospital designated by the provincial people's government and examined and approved according to the procedures prescribed by law. The unit where criminals work can provide information on whether there are fake diseases, fake diseases, fraud, suicide, self-mutilation, etc. for doctors' reference. For criminals who meet the conditions for execution outside prison, the prison shall submit a written document to the prison management organ of the province, autonomous region or municipality directly under the Central Government for approval. The approving organ shall notify the public security organ at the county level and the court of the original judgment of the decision to approve the temporary execution outside prison, and send a copy to the people's procuratorate.
If the people's procuratorate thinks that the application of temporary execution outside prison is improper, it shall send a written opinion to the organ that approved the temporary execution outside prison within 0 months from the date of receiving the notice, and the organ that approved the temporary execution outside prison shall immediately supervise and reform the criminal after receiving the written opinion from the people's procuratorate.
Before the prisoner leaves prison, the prison shall fill in the registration form for the prisoner's exit from prison and send it to the public security organ at the county level where the execution is carried out together with the decision to approve the execution outside prison. The original prison should be reformed in time to supervise criminals.
If a prisoner does repent or perform meritorious service during his sentence and meets the conditions for commutation and parole, the original prison shall submit an explanation of commutation and parole to the people's court according to law.
After the temporary execution outside prison disappears, the public security organ responsible for execution shall promptly notify the prison to accept the criminals whose sentence has not expired; After the expiration of the sentence, the original prison shall handle the release procedures. If a criminal dies during his temporary execution outside prison, the public security organ shall promptly notify the original prison to go through the release procedures. If a criminal dies during his temporary execution outside prison, the public security organ shall promptly notify the original prison.
For criminals living in other provinces, autonomous regions and municipalities directly under the Central Government, the criminals and their files may be handed over to the prison management organ where they live, which will designate the nearest prison to be in charge. When the conditions for temporary execution outside prison disappear, they shall be put into prison for execution; If the term of imprisonment expires, the release formalities shall be handled.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 254 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.