Lead: Is it okay for prisoners to seek medical treatment on parole? Under what circumstances can I apply for medical parole, and what is the approval procedure for medical parole? What are the conditions for medical parole, and what are the approval procedures for medical parole? What is the application for medical parole, and how long is the management period of medical parole?
1 What are the conditions for medical release, and the approval procedures for medical release?
First, the conditions for medical parole
1. A criminal may be released on parole for medical treatment under any of the following circumstances while serving his sentence:
(1) Suffering from a serious illness and being in danger of death in the short term;
(2) The original sentence of life imprisonment or death sentence with a two-year suspension has been commuted to fixed-term imprisonment, and more than seven years have been served since the completion of the execution of life imprisonment, or the original sentence of fixed-term imprisonment has been commuted to fixed-term imprisonment, and the sentence has been served for more than one third of the original sentence (if it has been commuted to fixed-term imprisonment, it shall be calculated according to the commuted sentence), suffering from chronic diseases, and long-term medical treatment is ineffective. However, if the disease worsens and there is a danger of death and the transformation performance is good, the above period can be exempted;
(3) Being physically disabled and unable to take care of himself;
(4) Having reached the age of 60, being sickly and having lost the possibility of endangering society.
2. Criminals under any of the following circumstances shall not be released on bail for medical treatment:
(1) A criminal sentenced to death with a two-year suspension of execution is within the probation period; A life imprisonment criminal is executing life imprisonment;
(2) serious crimes and great public anger;
(3) Self-mutilation in prison to escape punishment.
3. A criminal released on medical parole shall be put in prison under any of the following circumstances:
(1) After treatment, the disease is cured or the condition is basically improved, and the sentence is not full;
(2) defrauding medical parole;
(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 supervision and management, education does not change;
(6) Failing to report to the public security organ within the specified time without justifiable reasons;
(7) illegal crimes.
4, medical parole criminals in one of the following circumstances during medical parole, not included in the execution of the sentence:
(1) defrauding medical parole by various improper means;
(2) Self-injury, self-injury, deception and other means deliberately delay the time of medical release;
(3) Going out without the approval of the public security organ or committing serious violations of laws and regulations.
Second, the examination and approval procedures for medical parole
1. For criminals who need medical parole and disability appraisal, the sub-prison area where they belong will hold a meeting of all police officers, which will be put forward through collective discussion according to the conditions stipulated by law, and will be reported to the penalty execution department after being examined and approved by the warden's office (the sub-prison area under their jurisdiction will directly report it to the penalty execution department). A police officer from the Penalty Execution Department, the Life and Health Department and the Supervision Office will form a preliminary working group to conduct a preliminary investigation, form a preliminary examination opinion, and fill out the Preliminary Form for Prisoner's Medical Parole. The penalty execution section should ask the prison "pre-trial team for criminals released on medical parole" to hold a meeting to pre-examine criminals who need medical parole, and invite the prison inspection team to participate. After the approval of the preliminary examination, the "Power of Attorney for Disability Appraisal of Criminals released on medical parole" was issued, and it was decided to entrust an appraisal unit.
2. After the criminal disability appraisal is made, the penalty execution department and the life and health department will review the appraisal results and conduct collective research. Those who meet the conditions for medical parole should sign a clear opinion on the approval form for medical parole, and the penalty execution department should report to the leaders in charge of the prison, and the leaders in charge should ask the warden to convene a meeting of the prison penalty execution review committee for review.
3. After the prison puts forward the audit opinion on the prisoner's medical parole, the penalty execution section will submit the examination and approval materials for the prisoner's medical parole to the provincial prison administration for examination and approval. After being approved by the provincial prison administration, the penalty execution section will organize the prison area (or the sub-prison area directly under it) for publicity. At the same time, it shall send a copy of the decision document on granting medical parole to the procuratorial group stationed in the prison, and notify the public security organ where the criminal is released on medical parole and the people's court where the original judgment was made.
4. Criminals released on medical parole shall be brought back by the guarantor or sent back by the prison people's police, and report to the local public security organ in time. The guarantor shall earnestly perform the obligation of guarantee.
The above is the author's introduction to the conditions of medical parole and the examination and approval procedures for medical parole. In view of the complexity of medical parole, and it is related to the health and life safety of those who need medical parole, it must be carried out in strict accordance with the provisions of the law. If you can't handle these things well, you might as well ask a lawyer for help. After all, they have rich experience in this field.
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Under what circumstances can I apply for medical parole, and what is the approval procedure for medical parole?
1. Under what circumstances can I apply for medical parole?
According to the law, a criminal sentenced to fixed-term imprisonment or criminal detention may be released on parole for medical treatment under any of the following circumstances:
1, seriously ill and died in a short time;
2, physical disability, life is difficult to take care of themselves;
3, old and sick, has lost the possibility of endangering society.
The disability of a criminal released on medical parole shall conform to the provisions on the disability scope of a criminal released on medical parole. The following criminals are not allowed to seek medical parole according to law:
1. A criminal sentenced to death with a two-year suspension of execution, during which the execution is suspended;
2. The crime was severely punished and the public was very angry;
3. Self-injury and self-harm during prison.
The time for medical parole is still counted in the sentence. Once the conditions for medical parole are eliminated (if the disease has been cured after treatment), criminals who have not served their sentences shall be put in prison for execution. After the prisoner is released on parole for medical treatment, it shall be executed by the public security organ in the place where the prisoner lives, and it shall be strictly supervised and managed. The people's procuratorate shall exercise legal supervision over the implementation of medical parole.
Second, what is the approval procedure for medical parole?
The application for medical parole has very strict procedures: a diagnosis certificate must be issued by a hospital designated by the provincial people's government and approved according to the procedures prescribed by law. There are the following approval procedures for medical parole:
1. For criminals who need medical parole and disability appraisal, the sub-prison area where they belong will hold a meeting of all police officers, which will be put forward through collective discussion according to the conditions stipulated by law, and will be reported to the penalty execution department after being examined and approved by the warden's office (the sub-prison area under their jurisdiction will directly report it to the penalty execution department). A police officer from the Penalty Execution Department, the Life and Health Department and the Supervision Office will form a preliminary working group to conduct a preliminary investigation, form a preliminary examination opinion, and fill out the Preliminary Form for Prisoner's Medical Parole. The penalty execution section should ask the prison "pre-trial team for criminals released on medical parole" to hold a meeting to pre-examine criminals who need medical parole, and invite the prison inspection team to participate. After the approval of the preliminary examination, the "Power of Attorney for Disability Appraisal of Criminals released on medical parole" was issued, and it was decided to entrust an appraisal unit.
2. After the criminal disability appraisal is made, the penalty execution department and the life and health department will review the appraisal results and conduct collective research. Those who meet the conditions for medical parole should sign a clear opinion on the approval form for medical parole for criminals, and the penalty execution department should report to the leaders in charge of the prison, and the leaders in charge should ask the warden to convene a meeting of the prison penalty execution review committee for review.
3. After the prison puts forward the audit opinion on the prisoner's medical parole, the penalty execution section will submit the examination and approval materials for the prisoner's medical parole to the provincial prison administration for examination and approval. After being approved by the provincial prison administration, the penalty execution section will organize the prison area (or the sub-prison area directly under it) for publicity. At the same time, it shall send a copy of the decision document on granting medical parole to the procuratorial group stationed in the prison, and notify the public security organ where the criminal is released on medical parole and the people's court where the original judgment was made.
4. Criminals released on medical parole shall be brought back by the guarantor or sent back by the prison people's police, and report to the local public security organ in time. The guarantor shall earnestly perform the obligation of guarantee.
To sum up, medical parole is a way to change the execution of punishment for people who are not suitable for imprisonment. The application for medical parole has very strict procedures and must be examined and approved in accordance with the procedures prescribed by law. If the parties are not clear about the specific application, they can consult the relevant criminal lawyers.
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