Summary: Parole is a penalty execution system with conditional early release. Release: It is a system to provide relief to criminals who have been arrested, detained or sentenced to a certain penalty. Life imprisonment: it refers to depriving criminals of life freedom and carrying out compulsory labor education reform. Life imprisonment deprives criminals of their lifelong freedom and is an indefinite punishment. If there is release in parole, the penalty for release must be limited in theory. It is hard to imagine that a theoretically unlimited penalty was released without any other procedure. If it exists, then this release is also illegal, at least it does not conform to the procedural norms. Parole is applicable to time-limited punishment, while life imprisonment is theoretically indefinite. When the term of parole application conditions conflicts with the theory of life imprisonment indefinitely, the application of life imprisonment is discussed.
Key words: life imprisonment, commutation, parole, rationality.
As for the target of parole, the traditional (and mainstream) view holds that all criminals sentenced to fixed-term imprisonment or life imprisonment have the possibility of application. The concept of parole in related works is identified as follows: Parole in China's criminal law refers to the system that criminals sentenced to fixed-term imprisonment or life imprisonment are conditionally released in advance because they do show repentance after executing a certain sentence and will not harm society. Article 8 1 Paragraph 1: Criminals sentenced to fixed-term imprisonment have executed more than half of the original criminal law, while criminals sentenced to life imprisonment have actually executed the original punishment for more than 10 years. If they seriously abide by prison regulations, receive education and reform, and do show repentance, they can be released on parole if they do not endanger society after parole. Judging from the appeal law and authoritative works, this fact is undoubtedly life imprisonment.
This is how parole is applied to life imprisonment in criminal law.
The following life imprisonment is divided into three aspects to be discussed respectively.
First, he was sentenced to life imprisonment without parole for serious violent crimes.
However, it is undeniable that the second paragraph of Article 8 1 clearly stipulates two exceptions to parole: recidivists and criminals sentenced to fixed-term imprisonment of more than 10 years for violent crimes such as murder, explosion, robbery, rape and kidnapping, and criminals sentenced to life imprisonment are not allowed to be released on parole. In this way, we can directly and clearly exclude criminals sentenced to life imprisonment for violent crimes such as murder, explosion, robbery and kidnapping from the scope of application of parole, so that we can further.
Secondly, it is discussed according to the execution result of life imprisonment.
There are two results of its implementation: First, criminals do not plead guilty, do not repent, and do serve their sentences in prison. Although it is rare, it cannot be ruled out that this is the real form and significance of life imprisonment. ) Because criminals do not plead guilty and do not repent, of course, they do not need to seriously abide by prison regulations, receive education and reform, and have legal repentance circumstances, so there is no guarantee that they will no longer endanger society. Therefore, this kind of life imprisonment cannot be applied to parole. Secondly, if a criminal repents or performs meritorious service and is reduced to fixed-term imprisonment. Therefore, we finally want to discuss whether parole can be applied to this kind of crime that has been sentenced to life imprisonment for non-violent sexual crimes and has carefully observed the prison regulations in its execution.
As mentioned above, the following only discusses non-violent crimes that have been sentenced to life imprisonment. In the implementation, they have earnestly observed the prison regulations and have indeed shown repentance in the following two aspects.
First of all, from the original intention of parole, this paper discusses the contradiction between parole and life imprisonment. As we know, parole is a penalty execution system of conditional early release. Release: It is a relief system for criminals who have been arrested, detained or sentenced to a certain penalty (1). If there is release, the penalty for release must be limited in theory. It's hard for us to imagine that a penalty with no time limit in theory was released without any other procedure. If it exists, I think such release is also illegal, at least it does not conform to the procedural norms. In this case, it seems self-evident that parole can only be applied to time-limited punishment. Life imprisonment: refers to depriving criminals of their freedom of life. (2) Although the concept of life imprisonment is not directly defined in the Criminal Law, according to our daily life experience and the works of pre-litigation experts, we have reason to believe that life imprisonment is an indefinite punishment that deprives criminals of their freedom of life. Parole is a time-limited penalty, but life imprisonment is theoretically indefinite. When the time limit for parole conflicts with the theoretical life imprisonment.
Secondly, from the actual judicial practice and the treatment of life imprisonment in reality, if parole can be applied to life imprisonment, the term of life imprisonment is equivalent to 10 or 20 years in practice, which will make it lose the severity of means and affect the function of punishing crimes. It is unnecessary to worry that life imprisonment excluding parole will lead to the abandonment of prisoners, because life imprisonment can still be commuted. On Criminal Law > Lunch Public Security University Press, 1997, p. 188). _ Before applying parole, it is necessary to reduce the sentence to fixed-term imprisonment for a certain period of time, and then decide whether to apply parole according to the performance after commutation, instead of directly applying parole to life-imprisonment criminals. Interestingly, although Chinese mainland's criminal law affirms that life imprisonment is also the object of parole application, in practice, the practice of Research on Criminal Law in China, China Renmin University Press, 1988 edition, page 309-3 10) just proves that life imprisonment cannot be directly applied to parole, and parole can only be applied if the sentence is reduced to fixed-term imprisonment. From this, we can easily see that an appropriate way to apply parole to life imprisonment is to reduce the sentence to fixed-term imprisonment first. We can draw a conclusion that commutation is the pre-procedure and prerequisite for life imprisonment to apply parole! Then we can say that life imprisonment does not directly apply to parole.
Based on the comprehensive analysis of the application of parole to three kinds of life imprisonment and the discussion on the application of parole to life imprisonment for non-violent crimes, we have reason to believe that life imprisonment cannot be directly applied to parole and can not be directly adjusted to the object of parole. After commutation, life imprisonment can only be applied to parole as a fixed-term imprisonment, so commutation is a future for life imprisonment to be applied to parole. It should be clearly stipulated in the law as a pre-procedure With the deepening of the legal system today, any improper procedure will inevitably lead to people's doubts about its results (even if the results are just), and any improper procedure will lead to an embarrassing situation in which jurisprudence is in an unreasonable position.