Applicant: (name and other natural information)
Application: Request the court to allow the defendant Li Xiao X to execute outside prison.
Facts and reasons for the application:
Li Xiao X was suffering from serious diseases such as insulin-dependent diabetes mellitus and cavitary pulmonary tuberculosis, and his life was dying. He asked the court to allow him to execute the death penalty outside prison.
Li X was criminally detained by Liwan District Public Security Bureau on February 9, 2009. At that time, the public security organs wanted to send him to Liwan District Detention Center for custody. However, after a physical examination of Li X, the detention center thought that Li X was seriously ill and dying, so he was not taken into custody. That night, the public security organ immediately sent him to the Guangdong Armed Police Corps Hospital for rescue, which saved Li X's new life. Because Li Xiao X is seriously ill, Li Xiao X has been detained in the Armed Police General Hospital for treatment since the day of detention. If he leaves the hospital, Li Xiao X will be in danger at any moment.
Because Li X is seriously ill and has a long medical history, he suffers from various chronic diseases. Among them, the history of tuberculosis has been more than ten years, the lungs have formed cavities, and vomiting blood is often used at ordinary times. He was hospitalized many times, as early as 2005.
/kloc-when he was hospitalized in Sun Yat-sen University of Medical Sciences in June, 2000, he had infiltrated pulmonary tuberculosis in both upper lungs, which was highly contagious and required long-term medication, and his condition had been deteriorating. In addition, diabetes has a history of nearly ten years, and it is type I diabetes, which depends on insulin to maintain life. Li Xiao's X-disease easily leads to organ failure such as heart and brain, and may die at any time. (For details of Li X's new medical history, please refer to the medical records and inspection reports submitted by the applicant to the court before, and your hospital can also consult the Guangdong Armed Police General Hospital. )
Now that Li Xxin is in custody, he will be critically ill at any time and is not suitable for further detention. According to the provisions of Article 265 of the Criminal Procedure Law: "Those suffering from serious diseases need to be released on parole for medical treatment; Or life can not take care of themselves, the application of temporary execution outside prison will not harm society ",the court may grant execution outside prison.
Li Xiao X's illness and physical condition meet the above conditions. Please consider it in your hospital, allow Li Xiao X to be executed outside prison, and let his family members be sent to a hospital with better medical conditions for treatment, so as to avoid fatal accidents.
Li X, as the eldest brother of X, can guarantee that X can abide by all the regulations during his execution outside prison and bring a summons to the scene at any time without obstructing judicial justice. Please approve!
I am here to convey
XX District People's Court
Defender:
Lawyer:
Date, year and month
Legal basis: Article 265 of the Criminal Procedure Law of People's Republic of China (PRC) may temporarily execute a criminal sentenced to fixed-term imprisonment or criminal detention 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.