In judicial practice, there are three main ways for lawyers to represent commutation and parole cases: first, the criminals themselves are employed; Second, the families of criminals are employed; Third, it is appointed by the procuratorial organ or the court, or it is necessary for the procuratorial organ or the court to appoint a lawyer directly through the legal aid center. Lawyers can exercise their agency rights in the following ways: First, they have the right to investigate and collect evidence. Lawyers can investigate and verify controversial or unclear facts and evidence through individual conversations and listening to the opinions of the supervisory police. The second is the right to participate in the trial of commutation and parole cases and put forward the facts, reasons and basis of commutation and parole of criminals. The third is the right to request commutation and parole. If a lawyer thinks that the penalty execution organ should report commutation and parole but fails to report it, or the reported cases of commutation and parole are insufficient, he can put forward his opinions and suggest that the prison or the court adopt them. The fourth is to provide the right of legal consultation and relief, solve the confusion of criminals on relevant legal issues in the process of commutation and parole, and enhance their legal awareness and concept of safeguarding rights. Prisoners should have the right to hire lawyers to apply to the procuratorate for protest on their behalf, so as to protect their rights of commutation and parole.
How to apply for parole?
"Criminals who have been sentenced to fixed-term imprisonment, who have executed more than half of the original sentence, and who have been sentenced to life imprisonment for more than 13 years, can be released on parole if they consciously abide by prison regulations and accept education and reform, and they do show repentance and are not in danger of committing crimes again. The probation period of parole shall be counted from the date of parole.
Summary: On the question of how lawyers can help parole, firstly, criminals themselves are employed; Second, the families of criminals are employed; Third, it is appointed by the procuratorial organ or the court, or it is necessary for the procuratorial organ or the court to appoint a lawyer directly through the legal aid center.
Legal basis:
Article 5 of the Supreme People's Court's Judicial Interpretation on State Compensation (1- 10)