Supreme People's Court Provisions on the Specific Application of Law in Handling Cases of Commutations and Parole

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【Issuing Body】Supreme People's Court
【Issuance Number】Legal Interpretation (2016) No. 23
【Date of Issue】2016-11-14
【Effective Date】2017-01-01
【Expiration Date】
【Document Type】Judicial Interpretation
【Document Source】Supreme People's Court 

The "Supreme People's Court Provisions on the Specific Application of Law in Handling Cases of Sentence Reduction and Parole " has been passed by the 1693th Meeting of the Adjudication Committee of the Supreme People's Court on September 19, 2016, and is hereby released, to take effect on January 1, 2017.

Supreme People's Court

11/14/2016

 

Supreme People's CourtProvisions on the Specific Application of Law in Handling Cases of Sentence Reduction and Parole

 

These provisions are enacted on the basis of the "People's Republic of China Criminal Law", the "People's Republic of China Criminal Procedure Law", and the "People's Republic of China Law on Prisons", and other laws and Provisions, combined with actual practices, so as to ensure the lawful and just handling of commutation or parole cases.

Article 1: Commutatations and parole are criminal punishment systems to encourage convicts' reform, the application of sentence reduction or parole shall implement the criminal policy of blending leniency with severity, and give play to the functions of criminal punishment to the greatest extent possible, and realize the goals of criminal punishment.

Article 2: Where convicts meet the conditions of Criminal Law article 78 for eligibility for sentence reduction, the character, specific circumstances, and degree of social harm of the convicts' crimes shall be comprehensively considered and inspected, as well as factors such as their performance on the original criminal punishment and any property-type judgments in effective rulings, and their behavior since being transferred for enforcement.

Article 3: "Truly demonstrate repentance and reform" refers to having the following conditions at the same time:

(1) admitting and repenting the crime;

(2) Obeying the laws, regulations, and prison rules; and accepting education and reform;

(3) Actively participating in ideological, cultural, and professional technical education;

(4) Actively participating in labor, and striving to complete work tasks.

Convicts such as those convicted of crimes abusing public office, undermining financial order, and financial fraud; or organizing (leading, participating in, harboring, or permitting) mafia-type organizations; those that do not actively return stolen goods, assist in the recovery of stolen property, and compensate losses; or those that try to use individual influence and social connections or other improper methods to obtain sentence reductions or parole; are not to be designated as "truly showing repentance and reformation."

The right of convicts to appeal while a criminal punishment is being enforced shall be protected in accordance with law, and their legitimate appeals cannot be taken, without further analysis, as a finding that they do not admit or repent the crime.

Article 4: In any of the following circumstances, "demonstration of meritorious service" may be found:

(1) Where others people were prevented from perpetrating criminal acts;

(2) Where criminal activities inside or outside of prison were reported or exposed, or major leads were provided to break a case, and they were proven true through review;

(3) Where judicial organs were assisted in catching other criminal suspects;

(4) Where there are technological innovations or outsanding accomplishments in production or scientific research;

(5) Where they had a positive performance in combating natural disasters or eliminating major accidents;

(6) Other larger contributions to the State and society.

The technological innovation or other major contribution in items (4) and (6) shall be completed by the convict during the enforcement of a penalty, either alone or as the principle actor, and confirmed by the competent department at the provincial-level.

Article 5: Where there are any of the following situations, it shall be found to be 'major meritorious service':

(1) Obstructed others from carrying out major criminal acts;

(2) Where major criminal activities inside or outside of prison were reported, and were proven true through review;

(3) Where judicial organs were assisted in catching other major criminal suspects;

(4) Where they made an invention or creation, or major technical innovation;

(5) Where they risked their own life to save others in the course daily production or life;

(6) Where they had a outstanding performance in combating natural disasters or eliminating major accidents;

 

(7) Other major contributions to State or Society.

The invention or creation and major technical innovation in item (4) shall be completed by the convict, either alone or as the principal actor, during the period in which the criminal punishment is being enforced, and be a discovery patent confirmed by the competent national departments, and does not include utility model patents or design patents; the major contributions in item (7) shall be completed by the convict, either alone or as the principal actor, during the period in which the criminal punishment is being enforced, and be confirmed by the competent national departments.

Article 6: The time at which sentence reductions may start for convicts sentenced to fixed-term imprisonment is: Where the term is less than 5 years, at least one year shall be enforced before it may be commuted; where the term is more than five years, but less than 10 years, at least one year and six months shall be enforced before it may be commuted; where the term is 10 years or more, at least two years shall be enforced before it may be commuted. The time at which sentence reductions may start for fixed-term imprisonment is calculated from the date on which the judgement is enforced.

Where there are truly expressions of repentance and reform or meritorious services, a single sentence reductions is not to exceed 9 months imprisonment; where there are truly expressions of repentence and reform and meritorious service, a single sentence reduction is not to exceed one year imprisonment; where there is major meritorious service, a single sentence reduction is not to exceed one year and 6 months imprisonment; where there are expressions of repentance and reform and major meritorious service; a single sentence reduction is not to exceed 2 years imprisonment.

For convicts sentenced to less than 10 years imprisonment, the period between two sentence reductions must not be less than one year; for convicts sentenced to 10 or more years imprisonment, the period between two sentence reductions must not be less than one year and six months. The period between sentence reductions must not be less than the period of the sentence reduced by the previous sentence reduction.

Where a convict shows a major meritorious service, the restrictions described above on when sentence reductions begin and the period between sentence reductions, might not be applied.

Article 7: For those convicted of crimes abusing public office; crimes of undermining the financial management order and financial fraud ; those convicted of crimes of organizing, leading, participating in, abetting or condoning mafia-type organizations commission of crimes; those convicted of crimes endangering national security; those convicted of terrorist activity crimes; those convicted as dug crime syndicate leaders and repeat drug crime offenders; recidivists; those who have the ability but to perform on effective court judgments' property-type judgments, but do not do so or only partially perform; are sentenced to less than 10 years fixed-term imprisonment, it must be enforced more than two years before it can be commuted, and the range of sentence reduction can be understood with a strict comparison with that in article 6 of these Provisions. A single sentence reduction is not to exceed 1 year of imprisonment, and the period between two sentence reductions shall be 1 or more years.

For convicts in the preceding paragraph sentenced to 10 years or more fixed-term imprisonment; as well as convicts sentenced to 10 years or more fixed-term imprisonment for intentional homicide, rape, robbery, kidnapping, arson, causing explosions, placement of dangerous items, or organizing violence; or convicts with combined punishment for multiple crimes where two or more of the crimes received penalties of 10 or more years imprisonment; two or more years must be enforced before sentence reduction, and the scope of sentence reduction can be understood from a strict-leaning comparison with article 6 of these Provisions. A single sentence reduction is not to exceed 1 year, and the period between two sentence reductions shall be at least 1 year and six months.

Where a convict shows a major meritorious service, the restrictions described above on when sentence reductions begin and the period between sentence reductions, might not be applied.

Article 8: Where convicts given an indefinite sentence meet the requirements for sentence reduction during the period in which their sentence is being enforced, there may be a sentence reduction after two or more years of enforcement. The range of sentence reduction is: Where there is truly expression of repentance and remorse or meritorious service, it may be commuted to 22 years of imprisonment; where there is truly expression of repentance and remorse and meritorious service, it may be commuted to 21 to 22 years of imprisonment; where there is major meritorious service, it may be commuted to 20 to 21 years of imprisonment; where there is truly expression of repentance and remorse and major meritorious service, it may be reduced to 19 to 20 years of imprisonment. When convicts given indefinite sentences who are given a sentence reduction to fixed-term imprisonment, and are again given a sentence reduction, the range of sentence reduction is in accordance with article 6 of these provisions. The period between two sentence reductions must not be less than two years.

Where a convict shows a major meritorious service, the restrictions described above on when sentence reductions begin and the period between sentence reductions, might not be applied.

Article 9: For those given an indefinite sentence for crimes abusing public office; crimes of undermining the financial management order and financial fraud ; those convicted of crimes of organizing, leading, participating in, abetting or condoning mafia-type organizations commission of crimes; those convicted of crimes endangering national security; those convicted of terrorist activity crimes; those convicted as dug crime syndicate leaders and repeat drug crime offenders; recidivists; and those convicted of violent crimes such as intentional homicide, rape, robbery, arson, explosions, placing dangerous items or organizing violent crimes; those who have the ability but to perform on effective court judgments' property-type judgments, but do not do so or only partially perform; and are sentenced to an indefinite sentence for multiple crimes and eligible for sentence reduction; it must be enforced three years of more before it can be commuted, and the range of sentence reduction can be understood with a strict comparison with that in article 8 of these Provisions, and the period of punishment after sentence reduction must not be less than 20 years imprisonment. When commuting again after a reduction to fixed-term imprisonment, the range of sentence reduction can be understood through a strict comparison with that in article 6 of these provisions. A single sentence reduction is not to exceed 1 year of imprisonment, and the period between two sentence reductions shall be 1 or more years.

Where a convict shows a major meritorious service, the restrictions described above on when sentence reductions begin and the period between sentence reductions, might not be applied.

Article 10: Where, after a convicts' suspended death sentences are reduced to an indefinite sentence, they meet the requirements for sentence reduction, there may only be sentence reduction after 3 or more years of enforcement. The range of sentence reduction is: Where there is truly expression of repentance and remorse of meritorious service, it may be commuted to 25 years of imprisonment; where there is truly expression of repentance and remorse and meritorious service, it may be commuted to 24 to 25 years of imprisonment; where there is major meritorious service, it may be commuted to 23 to 24 years of imprisonment; where there is truly expression of repentance and remorse and major meritorious service, it may be reduced to 22 to 23 years of imprisonment.

When convicts with suspended death sentences reduced to a term of years are again given a sentence reduction, compare article 8 of these Provisions in handling.

Article 11: For those sentenced to a suspended death sentence for crimes abusing public office; crimes of undermining the financial management order and finacial fraud ; those convicted of crimes of organizing, leading, participating in, abbetting or condoning mafia-type organizations commission of crimes; those convicted of crimes endangering national security; those convicted of terrorist activity crimes; those convicted as dug crime syndicate leaders and repeat drug crime offenders; recidivists; and those convicted of violent crimes such as intentional homicide, rape, robbery, arson, explosions, placing dangerous items or organizing violent crimes; those who have the ability but to perform on effective court judgments' property-type judgments, but do not do so or only partially perform; those who are eligible for a sentence reduction again after being sentenced to a suspended death sentence for multiple crimes that was reduced to an indefinite sentence; it must be enforced three years of more before it can be reduced, and is ordinarily reduced to 25 years fixed-term imprisonment; but where there is meritorious or major meritorious service, article 10 may be referenced for a reduction to 23-24 years. When again reducing again after a reduction to fixed-term imprisonment, the range of sentence reduction can be understood through a strict comparison with that in article 6 of these provisions, and a single sentence reduction is not to exceed 1 year of imprisonment, and the period between two sentence reductions shall be 1 or more years.

Article 12: After convicts given a suspended death sentence have been given one or several sentence reductions, their actual period of enforcement must not be less than 15 years, not including the period of serving the suspended death sentence.

Where convicts serving a suspended death sentence do not accept supervision or resist reformation, but not so as to constitute a crime, sentence reductions following the reduction to indefinite sentence may be appropriately strict.

Article 13: Where, after convicts whose sentence reductions have been restricted, have suspended death sentences reduced to an indefinite sentence, they meet the requirements for sentence reduction, there may only be sentence reduction after 5 or more years of enforcement. The period between sentence reductions and the range of sentence reductions is in accordance with article 9 of these provisions.

Article 14: When, after convicts whose sentence reductions have been restricted, have suspended death sentences reduced to fixed term sentence, a single sentence reduction is not to exceed six months imprisonment, and the interim period between sentence reductions must be at least 2 years. Where there is major meritorious service, the interim period may be appropriately reduced, but a single sentence reduction is not to exceed one year of imprisonment.

Article 15: For convicts given indefinite imprisonment without parole, life without parole shall be clearly indicated in the ruling when a suspended death sentence is reduced to an indefinite sentence in accordance with law, and must the must not again be given sentence reductions or parole.

Article 16: Convicts sentenced to controlled release or short-term detention, as well as convicts with less than two years remaining on a sentence after it becomes effective, who are eligible for sentence reduction, may receive sentence reduction as appropriate and the start point for sentence reductions may be shortened, but the actual period of enforcement must not be less than half the original punishment.

Article 17: When reducing the sentence of a convict sentenced to fixed-term imprisonment, the period of deprivation of political rights may be given reduced as appropriate. The period of deprivation of political rights after discretionary sentence reduction must not be less than 1 year.

When convicts sentenced to suspended death sentences or indefinite sentences have it reduced to a term of imprisonment, the attached period of deprivation of political rights shall be reduced to between 7 and 10 years, and after having been reduced one or more times, the period of deprivation of political rights must not be less than three years.

Article 18: Convicts sentenced to short-term detention or up to three years imprisonment, and given a suspended sentence, usually do not apply sentence reductions.

Where convicts mentioned in the preceding paragraph make a major meritorious service during the suspended sentence's probation period, article 78 of the Criminal Law may be consulted for sentence reductions, and the probation period shall be reduced at the same time in accordance with law. After the reduction, the probation period for a suspended sentence of short-term detention must not be less than 2 months, and the probation period for a suspended sentence of a term of imprisonment must not be less than one year.

Article 19: Convicts who are serving sentences that are not yet 18 years old before sentence reduction is announced, and whose criminal acts are not those described in paragraph 2 of Criminal Law article 81, who admit guilt and repent the crime, who comply with laws, regulations, and supervision and actively participate in learning and labor, shall be regard as truly showing repentance and reformation.

When sentence reductions are given to the above mentioned convicts, the range of sentence reduction may be expanded as appropriate, or the time for starting sentence reductions and the interval between sentence reductions may be appropriately shortened, but the expanded range or shortened periods must not be more than 1/3 of the range or time period provided for in these provisions.

Article 20: When convicts who are elderly, seriously ill, or physically disabled are given sentence reduction, the primary consideration shall be their actual demonstration of repentance and remorse.

When sentence reductions are given to convicts who have basically lost capacity for labor or ability to care for themselves, the range of sentence reduction may be expanded as appropriate, or the time for starting sentence reductions and the interval between sentence reductions may be appropriately shortened, but the expanded range or shortened periods must not be more than 1/3 of the range or time period provided for in these provisions.

Article 21: Where convicts sentenced to fixed-term imprisonment or indefinite sentences, again commit an intentional crime during the period for which their sentence is enforced, and are sentenced to fixed-term imprisonment for the new offense, they are not to be given sentence reductions within 3 years from the date on which new judgment is confirmed; and where the new crime is given an indefinite sentence, they are not to be given sentence reduction for 4 years from the date on which the new judgment is confirmed。

Where a convict commits another intentional crime during the period of suspension for a suspended death sentence, but the death penalty is not carried out; the suspension for the death sentence is reset, and after it is reduced to indefinite sentence, sentence reduction is not to be given for 5 years.

Where after a sentence reduction is given to a convict sentenced to a suspended death sentence, they commit another crime during the period for enforcing the penalty, it is to be handled in accordance with the first paragraph.

Article 22: In handling parole cases, in determing 'no risk of recidivism', in addition to considering the circumstances in article 81 of the Criminal Law, an overall consideration shall also be made of factors such as the the specific circumstances of the crime, the penalty imposed by the original judgment, their behavior during the enforcement of the sentence, the convict's age, their physical condition, personal characteristics, source of livelihood after parole, and conditions for supervision.

Article 23: When a person sentenced to fixed-term imprisonment is paroled, the half of the original penalty served shall be computed from the day when the judgement is enforced, with detention that occurred before the enforcement of the verdict offsetting imprisonment day for day.

When a convict given an indefinite sentence is paroled, the Criminal Law provisions that the period of the criminal penalty must not being less be than 13 years, shall be calculated from the date of the judgment taking effect. No allowance is to be made for time in detention prior to the judgment taking effect.

After convicts sentenced to suspended death sentences are given sentence reductions to an indefinite sentence or fixed-term imprisonment, 15 or more actual years are to be served before they may be paroled, the actual time served shall be calculated from the date on which the period for the suspended death sentence was complete. The period of the suspended death sentence is not included, and there is no allowance for the time in detention prior to the judgment being confirmed.

Article 24: The 'special circumstances' provided for in the first paragraph of Criminal Law article 81, refers to special needs of state politics, national defense, or diplomacy.

Article 25: Recidivists, and offenders sentenced to 10 or more years imprisonment or indefinite sentences for intentional homicide, rape, robbery, kidnapping, arson, explosions, placing dangerous substances or organized violent crimes; must not be paroled

Convicts sentenced to a suspended death sentence for the situations and crimes described in the preceding paragraph, must not be paroled after their sentence is reduced to an indefinite sentence or fixed-term imprisonment.

Article 26: Leniency may be shown in accordance with law when giving parole to the following convicts:

(1) those convicted of crimes of negligence, convicts who abandoned their crime midway, and those who were compelled to participate in crimes;

(2) Convicts who were sentenced to a penalty of fixed-term imprisonment or higher for unjustifiable self-defense or necessity;

(3) Convicts who were not yet 18 years old at the time of the offense;

(4) Convicts who have basically lost their ability to work or care for themselves, or elderly convicts, seriously ill convicts, physically disabled convicts, who truly have a place to go after parole;

(5) Convicts with especially prominent demonstrations of reform during the period of their sentence;

(6) Convicts with other circumstances allowing for leniency in parole.

Where convicts meet the requirements for both commutation and parole, parole may be given precedence.

Article 27: Parole is not to be given where an effective judgment has financial items in it, and the convict has the ability to perform but does not do so, or only partially performs.

Article 28: Where after a sentence reduction, a convict is also paroled, the period in between must not be less than one year; where after one sentence reduction of 1 year or more imprisonment a parole decision is made, the period in between must not be less than 1 year and 6 months.

Where less than 2 years remains after a sentence reduction, and a parole decision is made, the interim in between may be reduced appropriately.

Article 29: Where during the probation period for parole, a convict violates the law, administrative regulations, or provisions of a relevant State Council department on supervision and administration of parole, the people's court that made the parole ruling, upon receiving a written recommendation on rescinding parole from a reporting organ or people's procuratorate, shall promptly review it and make a ruling on whether to rescind parole, and deliver it to the reporting organ and at the same time, also send copies to the people's procuratorate, public security organs, and enforcement organ for the original penalty.

Where criminals are on the run, a ruling to revoke parole may be used as the basis to hunt down the convict.

Article 30: Convicts whose parole was rescinded in accordance with article 86 of the Criminal Law, are usually not given parole again. However, for convicts whose parole was rescinded in accordance with the second paragraph of this article, if the convict has previously truthfully confessed an omitted crime but this was not recognized in the original judgment, or an omitted crime involved voluntary surrender and meets the requirements for parole, parole may be given again.

Were convicts whose parole was rescinded, meet the conditions for sentence reduction after being brought into custody, their sentence may be reduced, but the time for starting sentence reductions is calculated from the date on which they are brought into custody.

Article 31: Where convicts who are 80 years old, have serious illness, or have difficulty taking care of themselves and have no risk of further crimes, meet the requirements for both sentence reduction and parole, precedence is given to parole; and where the conditions for parole are not met, consult article 20 of these provisions to handle it leniently.

Article 32: In cases where the people's courts follow trial supervision procedures to hold a retrial de novo, and rule to sustain the original judgment or ruling, the original sentence reduction or parole ruling continues to have effect.

Where retrial judgments change the original judgment or ruling, the original sentence reduction or parole ruling automatically loses validity; the enforcement organ shall promptly report to the people's court with jurisdiction rights for a new ruling on whether to give sentence reduction or parole. When making a new sentence reduction ruling, the restrictions in these Provisions on sentence reduction starting times, the period between sentence reductions, and the scope of sentence reductions, do not apply. When making new rulings, a comprehensive consideration of factors on all sides shall be made, and the sentence reduction range must not exceed the period of sentencing after reduction from the original judgement.

Where retrial changes a a judgment to a suspended death sentence or indefinite sentence, when the new judgment is reduced to a fixed-term imprisonment, the portion of the original sentence actually served is to be reduced at once.

Where a verdict of not guilty is given at retrial, the original sentence reduction or parole ruling is automatically invalidated.

Article 33: After a convict gets a sentence reduction ruling, where the penalty is combined with the penalty for another intentional crime committed during the period for enforcement, the period of the sentence reduced by the sentence reduction ruling is not calculated into the period already served. Rulings changing a previous judgment of a suspended death sentence, to indefinite sentence or fixed-term imprisonment, or changing an indefinite sentence sentence to a fixed-term imprisonment, remain valid.

Article 34: After a convict gets a sentence reduction ruling, where the penalty is combined with the penalty for a crime that has been discovered which was ommitted from the original judgment, the original judgment is automatically invalidated. If the omitted crime is one which the defendant actively accounted for, the enforcement organ is to report to a people's court with jurisdiction to make a new sentence reduction ruling on the originally reduced sentence, and confirm it; if the omitted crime was discovered by relevant organs or exposed by others, the enforcement organ organ is to report it to a people's court with jurisdiction, which may make a new ruling as appropriate, on the period of detention minus the amount reduced.

Article 35: Where convicts are given a suspended death sentence and an omitted crime is discovered while they are serving the suspended sentence, and in accordance with article 70 of the Criminal Law provisions on combined punishment for multiple crimes it is decided to enforce the suspended death sentence, the period of the suspended sentence is calculated from the date of the new judgment, and the previously suspended death sentence period is included in the new period for the suspended death sentence, except where the omitted crime is also given a suspended death sentence.

Article 36: Where convicts are given a suspended death sentence and an omitted crime is discovered after they have completed the suspended sentence, and in accordance with article 70 of the Criminal Law provisions on combined punishment for multiple crimes it is decided to enforce the suspended death sentence, when they are transferred for enfocement, they will actually serve an indefinite sentence sentence and the observation period for the suspended death sentence will not be enforced again, except where the omitted crime is also given a suspended death sentence.

When the indefinite sentence is reduced to a fixed-term sentence, the period of actual enforcement from the date on which the suspended death sentence was reduced to an indefinite sentence and concluding on the date on which the new judgment took effect, shall be included within the enforcement period decided by the sentence reduction ruling.

Consult article 34 for the disposition of the period reduced by the original sentence reduction.

Article 37: Where after a convict sentenced to an indefinite sentence is given a sentence reduction to fixed-term imprisonment, it is decided in accordance with article 70 of the Criminal Law's provisions on combined punishment for multiple crimes to enforce an indefinite sentence as a result of discovering omitted crimes, the period of actual enforcement between when the indefinite sentence for the previous crime began through the date on which the new judgment took effect, shall be reducted from the enforcement period decided on in sentence reduction ruling when the indefinite sentence is reduced to fixed-term imprisonment.

Where, after convicts serving an indefinite sentence are given a sentence reduction to fixed-term imprisonment, they are sentenced to three years or less imprisonment for an omitted crime that is discovered, and the decision on combined punishment for multiple crimes is to enforce an indefinite sentence; those that are eligible one year after the new judgment has been enforced for one year, may be reduced to fixed-term imprisonment, and the scope of sentence reduction is to be implemented in accordance with articles 8 and 9 of these Provisions.

Consult article 34 for the disposition of the period reduced by the original sentence reduction.

Article 38: After criminal judgments or rulings made by people's courts take legal effect, when the convict is transferred for enforcement of the criminal punishment in accordance with Criminal Procedure Law articles 253 and 254, if there are property-type judgments in the effective ruling, the people's courts shall transfer documents reflecting on the enforcement and performance of the property-type judgments with the case to the criminal punishment enforcement organ. Where during the period of serving a sentence convicts perform on property-type judgments in the effective ruling, or their relatives perform on their behalf, this shall be promptly reported to the criminal punishment enforcement organ. The materials above should be transferred with the case when the criminal punishment enforcement organs request a sentence reduction.

When people's courts handle sentence reduction and parole cases, they may confirm the convicts' performance of property-type judgments with the original first-instance trial people's court. The original first-instance trial people's court shall issue relevant proofs.

During the period of enforcement of the criminal punishment, the people's courts responsible for handling sentence reduction and parole cases may assist the first-instance trial court in enforcing property-type judgments in effective rulings.

Article 39:"Elderly convict" as used in these Provisions refers to convicts who were already 65 years old at the time a sentence reduction or parole is reported.

"Seriously ill convicts" as used in these Provisions, refers to convicts who due to a condition that has not been curable are not able to live, study, or work normally.

"Physically disabled convicts" as used in these Provisions refers to convicts who have lost the ability to live, study or work normally because their limbs or organs are missing, or lack function in whole or in part; but does not include self-inflicted injuries caused after the commission of a crime.

The people's court shall review documents provided by the criminal punishment enforcement organ that show that a convict has a serious illness or a physical disability, and when necessary may retain a relevant unit to make a new diagnosis or evaluation.

Article 40:"The date on which a judgment was enforced" as used in these Provisions, refers to the date on which the convict was actually brought to an enforcement organ for enforcement.

The "period between sentence reductions" as used in these Provisions, refers to the period between when the previous sentence reduction was delivered through when the instant sentence reduction is requested.

Article 41: "Property type judgments" as used in these Provisions refers to judgments that the convict bears compensation obligations from attached civil litigation, as well as judgments to recover funds, orders for restitution, fines, and confiscation of property.

Article 42: These Provisions take effect from January 1st, 2017. Where previously promulgated judicial interpretations differ from these Provisions, these Provisions are controlling.

 

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