First, do I have to find a lawyer to apply for execution outside prison?
You can't apply, you have to apply in a qualified prison.
prison law
Twenty-sixth temporary execution outside prison, the prison shall put forward written opinions and report them to the prison management organs of provinces, autonomous regions and municipalities directly under the central government for approval. The approving organ shall notify the public security organ and the people's court that originally pronounced the sentence of the decision to temporarily execute the sentence outside prison, and send a copy to the people's procuratorate.
If the people's procuratorate thinks that it is improper to apply temporary execution outside prison to criminals, it shall send written opinions to the organ that approved the temporary execution outside prison within one month from the date of receiving the notice, and the organ that approved the temporary execution outside prison shall immediately review the decision after receiving the written opinions of the people's procuratorate.
Article 265 of the Criminal Procedure Law stipulates that 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. If a criminal executed outside prison is suspected of committing a crime during the execution outside prison, and the public security organ should file a case instead of filing it, the people's procuratorate shall handle it in accordance with the provisions of Article 87 of the Criminal Procedure Law of People's Republic of China (PRC).
The legal provisions on temporary execution outside prison need to be improved urgently.
Provisions on temporary execution outside prison can be found in documents issued by the Supreme Law, the the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice alone or jointly. Due to the imperfection of legislative provisions and some problems in actual operation, there are problems that cannot be followed in practice, which need to be paid great attention to. The following two situations are practical problems encountered in the work:
1, the problem of criminals escaping from the Internet.
2. The people's court shall, at the same time as making the judgment, issue a certificate of renewal for the criminals who are temporarily executed outside prison.
Theoretically speaking, it is not difficult to deal with the problem of execution outside prison. It is only necessary to prepare relevant information and involve relevant departments in procedures, but more importantly, it is necessary to learn to deal with specific problems flexibly. However, as long as your own problem handling meets the requirements of relevant laws, it will be simpler and more direct to solve things.