Standing Committee Of The National People's Congress On Revising The People's Republic Of China Prison Law Decision

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国监狱法》的决定

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Standing Committee of the national people's Congress on revising the People's Republic of China prison law decision

(October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to 63rd, published since January 1, 2013) the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China Prison Act read as follows: First, the 15th article is revised as follows: "the criminals were executed before the punishment, the remainder in the following three months, performed by the detention center.

” Second, the 17th is revised as follows: "criminals are executed penalty, consistent with the provisions of article 16th and should be jailed. After a criminal is put in prison should be physically checked. After inspection, for cases of temporary execution outside prison, the prison may submit written observations, reported to prison management authorities at or above the provincial level approval.

” Third, the 27th is revised as follows: "temporary execution of criminals, implemented community correction in accordance with law, carried out by community corrections agencies. Originally held a prison shall promptly inform the offender in prison reform is responsible for the implementation of community corrections agencies.

” 28th four, be modified to: "temporary execution of criminals should be in prison in accordance with criminal procedure, community corrections Agency shall promptly notify the prison prison; the expiration of the sentence, the prison that originally held the release formalities. Criminals died during temporary execution outside prison, community corrections Agency shall promptly notify the prison that originally held.

” Five, the 33rd article modified as follows: "the paroled offender, implemented community correction in accordance with law, carried out by community corrections agencies. Paroled criminals, during the term of probation violation of laws, administrative regulations, or provisions on parole supervision and management of the relevant departments of the State Council, do not constitute a new crime, community corrections Agency shall propose to the people's Court for revocation of parole, the people's Court shall, within one month from receipt of the written recommendation for revocation be audit found. The people's Court shall rule to cancel the parole, offenders sent to prison custody by public security organs.

” Six, the 34th article modified as follows: "people's Court people's procuratorate considers that commutation and parole decisions properly, should be submitted in accordance with the criminal law of the people's Court during the corrections in writing. Cases where corrections in writing on people's procuratorates, people's courts should be a new trial.

” Seven, the 60th is revised as follows: "criminal offences committed by criminals in prison, the prison investigation. Following the end of investigations and write for prosecution, transferred to the people's Procuratorate in conjunction with case files and evidence.



This decision shall enter into force on January 1, 2013.

People's Republic of China Law on prisons in accordance with this decision be revised and republished. Attachment: People's Republic of China prison law (amended in 2012) (December 29, 1994 meeting of the Standing Committee of the 11th National People's Congress on December 29, 1994, People's Republic of China 35th President announced on October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China promulgated as of January 1, 2013, 63rd President of the

Standing Committee of the national people's Congress to amend People's Republic of China decision to amend the prison law)

Directory

Chapter I General provisions

Chapter II prison

 Chapter III execution of criminal punishments

 First prison

 Section II of the handling of complaints, complaints and accusations made by prisoners

 Section III service

 Fourth section of commutation and parole

Fifth release and placement

 The fourth chapter of prison management

 Section I put in charge

 Section II alert

 Section III the use of restraints and weapons

 Fourth section communications and meetings

 Fifth life and health

 Sixth Festival rewards

Seventh day's treatment of prisoners for crimes committed during the

The fifth chapter education and reform of criminals

The sixth chapter education and reform of juvenile delinquents

The seventh chapter by-laws

Chapter I General provisions

First in order to correctly executing criminal punishments, punishing and reforming prisoners, preventing and reducing crime in accordance with the Constitution, this law is enacted.

Second prison is the country's penal institutions.

In accordance with the provisions of the criminal law and criminal procedure law, was sentenced to death penalty with a two-year reprieve, life imprisonment, imprisonment of offenders, enforcement of sentences in prisons.

Third prison imposed on offenders punishment and rehabilitation principle combination, a combination of education and work, to transform them into law-abiding citizens.

Fourth prison supervision of offenders according to law, according to the rehabilitation needs, organized criminals engage in productive labor, of criminals carry out ideological education, cultural education and technical education.

Fifth's police of a prison shall administer the prison, execution of punishment, criminal activities such as education, are protected by law.

Sixth people's Procuratorate on the legality of the execution of sentences in prisons, exercise supervision according to law.

Article seventh criminal personality is not insulted, their personal safety, lawful property and defence, appeals, complaints and accusations, as well as in other cases of deprivation or restriction of the rights are not violated by law enforcement.

Criminals must be in strict compliance with laws, regulations and prison discipline, subject to management, education and labour force participation. Eighth national security prison rehabilitation requirements.

'S police of a prison funding, and offender rehabilitation funds, life funds of offenders, prison facilities and other special funds, included in the national budget.

State labor required in the production facilities and production funds of offenders.

Nineth prison legal use of land, mineral resources and other natural resources, as well as the prison property, protected by law, and no organization or individual may seize or damage.

Tenth Department of judicial administration under the State Council in charge of the nation's prisons.

Chapter II prison

11th prison establishment, abolition, migration, approved by the Department of judicial administration under the State Council.

12th a prison shall install one warden, several Deputy wardens who, according to actual needs, set up necessary working organs and provide other administrative personnel.

Prison managers are the people's police.

13th's police of a prison shall strictly observe the Constitution and the law, loyalty, impartiality, disciplined, honest and clean.

14th's police of a prison shall not commit any of the following acts:

(A) requesting, receiving or seize property of criminals and their relatives;

(B) releasing or negligence offenders escape;

(C) torture, abuse or corporal punishment of offenders;

(D) insulting the personality of the offender;

(V) assault or condone others to beat criminals;

(Vi) for personal gain, using offered services;

(VII) in violation of regulations, as criminals without authorization letter or article;

(H) illegal terms of transferable for the supervision of offenders;

(IX) other illegal activities.

Prison police acts listed in the preceding paragraph, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, should be administrative sanctions.

Chapter III execution of criminal punishments

First prison

15th people's Court sentenced to death a two-year suspension, life imprisonment or fixed-term imprisonment of offenders, an enforcement notice, judgment should be delivered to the custody of the offender's public security organs, public security organs shall receive notice of execution, judgment within one month from the date of the offenders sent to prison sentences.

Criminals were executed before the punishment, the remainder in the following three months, performed by the detention center. 16th when criminals were executed the penalty, executed by the people's Court people's Procuratorate should be a copy of the Bill, court judgments, enforcement notices and closed registration forms at the same time served on the prison.

Prisons do not receive the above documents, the prison shall not; these documents are incomplete or incorrect records, complete's court verdict should be added or corrected; which may cause an error in prison, not in prison. 17th prisoner was executed penalty, consistent with the provisions of article 16th and should be jailed. After a criminal is put in prison should be physically checked.

After inspection, for cases of temporary execution outside prison, the prison may submit written observations, reported to prison management authorities at or above the provincial level approval. 18th criminal is put in prison shall be subject to strict checks her body and belongings.

Non-necessities, by the prison for safekeeping or consent of the offenders returned to their families, and contraband confiscation.

Women by women police checks.

Article 19th criminal may not bring children in prison to serve his sentence. Article 20th after the criminal is put in prison, the prison shall inform the criminal's family members.

Notice from the jail within 5th day of issue.

Section II of the handling of complaints, complaints and accusations made by prisoners

21st coming into force criminals to a verdict, you can appeal.

Criminal complaints, a people's Procuratorate or a people's Court shall be promptly disposed of.

22nd charges and accusations made against offenders, prison should be processed in a timely manner or transferred to the public security organ or the people's Procuratorate, public security organ or the people's Procuratorate shall inform the prison.

23rd prisoner petitions, complaints and accusations made, a prison shall without delay transmit and shall not withhold them.

24th a prison during the process of execution of criminal punishments, according to the criminal complaint, believe that the error is possible, should be brought to the people's Procuratorate or a people's Court, people's Procuratorate or a people's Court shall receive a prison was submitted for processing submissions will be dealt with within six months from the date of notice of result of prison.

Section III service

25th who has been sentenced to life imprisonment or fixed-term imprisonment of offenders serving sentences in prison, in line with the conditions provided for in the criminal procedure law, temporary execution outside prison. Article 26th temporary execution outside prison, submit written observations by the prison, prison authorities of provinces, autonomous regions and municipalities.

Temporary execution of decisions approved by the approval authority shall notify the public security organ and upheld the people's Court, and copied to a people's Procuratorate.

People's procuratorate considers that the inappropriate application of temporary execution of offenders, shall be notified to submit written comments within one month from the date of approval of temporary execution outside prison authorities, approval of temporary execution outside prison authorities after receiving the written observations of the people's Procuratorate shall immediately verify again the decision. 27th of temporary execution of criminals, implemented community correction in accordance with law, carried out by community corrections agencies.
Originally held a prison shall promptly inform the offender in prison reform is responsible for the implementation of community corrections agencies.

Article 28th of temporary execution of criminals should be in prison in accordance with criminal procedure, community corrections Agency shall promptly notify the prison prison; the expiration of the sentence, the prison that originally held the release formalities.

Criminals died during temporary execution outside prison, community corrections Agency shall promptly notify the prison that originally held.

Fourth section of commutation and parole Article 29th of criminals sentenced to life imprisonment or fixed-term imprisonment, repentance or meritorious services in prison, according to the jail appraisal results, can get their sentences reduced.

Have one of the following major meritorious services, should be commuted:

(A) to prevent a grave criminal activity of another person;

(B) the Prosecutor's major criminal activities inside and outside prison and verified;

(C) the invention or a major technical innovation;

(D) who sacrificed their lives in the daily life and production;

(E) in combating natural disasters or preventing major accidents, there are outstanding;

(Vi) other significant contribution to the country and society. Article 30th commutation recommended by prison to the people's Court, the people's Court shall within one month from the date of receiving the remission proposal to review determine; of the complexity of the case or special circumstances can be extended by one month.

Copy of the commutation ruling shall be sent to the people's Procuratorate.

31st of criminals sentenced to death penalty with a two-year, during the reprieve period, with laws to life imprisonment, prison conditions, at the end of two years, the prison shall without delay make commutation recommendations, reported to the prison authorities of provinces, autonomous regions and municipalities for review, drew attention to the high people's Court. Article 32nd criminals sentenced to life imprisonment or fixed-term imprisonment, parole conditions specified by law, by the prison parole recommendations to the Court according to assessment results, the people's Court shall within one month from the date of receiving the written recommendation examine decisions; of the complexity of the case or special circumstances can be extended by one month.

Copies of the ruling shall be sent to the people's Procuratorate of parole.

33rd people's Court ruling on parole, the prison shall parole and given a certificate of parole. The paroled offender, implemented community correction in accordance with law, carried out by community corrections agencies. Paroled criminals, during the term of probation violation of laws, administrative regulations, or provisions on parole supervision and management of the relevant departments of the State Council, do not constitute a new crime, community corrections Agency shall propose to the people's Court for revocation of parole, the people's Court shall, within one month from receipt of the written recommendation for revocation be audit found.

The people's Court shall rule to cancel the parole, offenders sent to prison custody by public security organs.

34th article does not meet the legal requirements for commutation or parole offenders shall not be commuted or paroled for any reason. People's Court people's procuratorate considers that commutation and parole decisions properly, should be submitted in accordance with the criminal law of the people's Court during the corrections in writing.

Cases where corrections in writing on people's procuratorates, people's courts should be a new trial.

Fifth release and placement

35th prisoner his sentence, the prison shall release him as scheduled and issue him a certificate of release.

Article 36th after a prisoner is released, the public security organs with household registration certificate of release.

37th for persons released from prison, local people's Governments to help in resettling.

Persons released from prison lost the ability to work and can not be dependent, dependency and basic source of livelihood, local people's Governments shall be relief.

Article 38th released persons shall enjoy equal rights with other citizens.

The fourth chapter of prison management

Section I put in charge

39th prison for adult male prisoners, female adult prisoners and juvenile delinquents practise separate custody and management, reform of juvenile delinquents and female prisoners, consideration shall be given to their physiological and psychological characteristics.

According to the type of crime, punishment of offenders in prisons types, sentence, transformation, separation imposed on offenders, and to take a different approach to the management.

40th female inmates directly administered by female police.

Section II alert

41st prison of the armed guard of the people's armed police forces are responsible for, and the specific measures formulated by the State Council and the Central Military Commission.

42nd prison discovers that a prisoner in custody has escaped, the prison shall capture, cannot be captured, it shall immediately notify the public security organ, the public security organs shall be responsible for hunting, prison work closely. Article 43rd prison under the regulatory needs, setting up Guard installations.

Located around the prison guard belt without permission, no person shall enter.

44th Qu, operating around the organs, organizations, enterprises, institutions and grass-roots organizations should assist prisons to do security work.

Section III the use of restraints and weapons

Article 45th prisons under any of the following circumstances, you can use the restraints:

(A) the acts of criminals have escaped;

(B) criminals are using acts of violence;

(C) is under escort of offenders;

(Iv) other risk behaviours of offenders need to take preventive measures.

Circumstances listed in the preceding paragraph disappeared, should end the use of restraints.

Article 46th police and people's armed police officers in case of the following circumstances, non-use of weapons does not stop, in accordance with the relevant provisions of the State, you can use the weapon:

(A) the criminal mob riot, riot;

(B) offenders escaping or resisting arrest;

(C) criminal possession of weapons or other dangerous objects, are assault or destruction, threatening the lives and property of others;

(D) Whoever rescues criminals;

(E) criminal robbing weapons.

Person using weapons shall be reported in accordance with relevant regulations of the State.

Fourth section communications and meetings 47th criminals in prison, to communicate with others, but their correspondence shall be examined by the prison. Prison letters found to hinder rehabilitation of offenders can be detained.

Criminal letters to prison authorities and the judiciary, and not subject to censorship.

48th criminals in prison serving their sentences, according to the rules, can meet with his relatives and guardians.

49th prisoner receiving goods or money should be approved by the prison, checking.

Fifth life and health

50th criminals living standards by real amount calculation by State regulations.

51st subjected by prison uniform allotment of criminals.

52nd special habits of prisoners of minority ethnic groups, should be taken care of.

53rd wards of care of offenders should be firm, ventilated, light, clean and warm. 54th prisons should be establishment of a medical institution, and living and sanitary facilities, establishment of criminal life, health system.

Health care of offenders in prison health, immunization programmes in the region. 55th prisoner dies during imprisonment, the prison shall immediately inform the prisoner's family members, the people's procuratorates, people's courts. Criminals died of diseases, medical identification by the prison. The people's Procuratorate of doubt to the prison's medical appraisal, can be reopened to make identification of causes of death. The criminal's family members had doubts, you can submit to the people's Procuratorate.

Unnatural deaths of prisoners, the people's Procuratorate shall immediately inspect, identification of causes of death.

Sixth Festival rewards

56th prison shall establish a routine assessment system, and test results as a basis for reward and punishment on the offenders.

57th prisoner, one of the following circumstances, the prison may commend or award him, or those who have:

(A) observes discipline, study hard, Active Labor, has pleaded guilty to serving law;

(B) prevent the illegal and criminal activities;

(C) overfulfilled his production task;

(D) save raw materials or caring for public property, results;

(E) technological innovation or transfer of production technology, there is a certain effect;

(F) make a certain contribution to the disaster prevention or elimination of the accident;

(VII) other contributions to the State and society.

Sentenced criminals in one of the situations listed in the preceding paragraph, do one-second upheld the sentence above, in prison, consistently good, left the prison without further harm to society, can leave prison visits under the prison.

Article 58th of any of the following acts obstructing the order of supervision of offenders, prison may give him a warning, demerit-recording or solitary confinement:

(A) gathers prison, disturb the normal order;

(Ii) abused or beaten by police;

(C) bullying other offenders;

(Iv) theft, gambling, assault, affray;

(E) Labour refuses to participate in labour or slack, education does not change;

(F) means of self-harm, self-mutilation to avoid labor;

(G) intentional mishandling in productive labor, or deliberately damage tools;

(VIII) other acts in breach of prison discipline.

In accordance with the preceding paragraph provides for detention of offenders for a period of seven days to 15 days.

Offenders in prison are listed in the first paragraph, constitutes a crime, criminal responsibility shall be investigated according to law.

Seventh day's treatment of prisoners for crimes committed during the

Article 59th of intentional crime committed by criminals in prison, shall be given a heavier punishment. Crime cases in the 60th on a prisoner in the prison, the prison investigation.

Following the end of investigations and write for prosecution, transferred to the people's Procuratorate in conjunction with case files and evidence.

The fifth chapter education and reform of criminals

Article 61st education reform criminals impose differential treatment in education, classification of education, the principles of reasoning, collective education and individual education combined, a combination of education and social education in prison.

62nd for criminals in prison shall be legality, morality, situation, policies, and so on ideological education in the future.

63rd prison shall, depending on the circumstances, prisoners in literacy, primary and junior secondary education, qualified by the Ministry of Education issued corresponding certificates of studies.

64th prisons should be according to the needs of prison production and employment after a prisoner is released, prisoners in vocational and technical education, examinations, the Labor Department issued technical certificate.

65th prison shall encourage prisoners to study, after passing the examination, the certificate issued by the relevant authorities. 66th cultural and vocational and technical education of offenders, be included in the educational plan of the area.

A prison shall have necessary education facilities such as classrooms, library and reading room.

67th prison shall organize prisoners to conduct proper sport activities and cultural and recreational activities.
68th State organs, social organizations, units, enterprises, institutions and the general public, as well as relatives of the offenders shall assist the prison education and reform of criminals.

69th able-bodied criminals must take part in labour.

70th prison according to the offender's personal circumstances, the rational organization of work, make it correct bad habits, develop a work habit, learn skills, and create the conditions for employment after their release.

71st labor time for criminals in prison with reference to national provisions on working hours; in exceptional circumstances such as seasonal production, you can adjust the time.

Offenders have the right to rest on statutory holidays and rest days.

72nd prison to participate in the work of criminals, shall be paid in accordance with the relevant provisions and the implementation of national provisions relating to labour protection.

73rd prisoner work injury, disability or death, the prison reference to the relevant provisions of the national labor insurance.

The sixth chapter education and reform of juvenile delinquents

74th on juvenile delinquents shall be executed in juvenile correctional penalties. 75th perform penalties on juvenile offenders should be on education and reform-oriented.

Juvenile offenders of labor, shall conform to the characteristics of minors in order to learn the cultural and production skills.

Prisons shall cooperate with the State, society, schools and other educational institutions, providing the necessary conditions for juvenile offenders to receive compulsory education.

76th when juvenile offenders over the age of 18, the remaining sentences of not more than two years, you can still stay in juvenile correctional facilities with the rest of the sentence.

77th management and education and reform of juvenile delinquents, not specified in this chapter, the relevant provisions of this law shall be applicable.

The seventh chapter by-laws 78th this law come into force on the date of promulgation.

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