SPP Provisions on Commutations and Parole

【Issuing Body】Supreme People's Procuratorate
【Issuance Number】
【Date of Issue】2014-07-21
【Effective Date】2014-07-21
【Expiration Date】
【Document Type】Judicial Interpretation
【Document Source】http://roll.sohu.com/20140826/n403783696.shtml

Article 1: 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 Prisions: combined with actual practices, so as to further strengthen and standardize the legal supervision of commutation and parole cases, to ensure that the change in penalty is lawful and fair,

Article 2: People's procuratorates conduct legal supervision in accordance with law on whether the submission, trial, and ruling activities in a commutation or parole case were lawful.

Article 3: People's procuratorates handling commutation or parole cases shall do so in accordance with the following distinct circumstances:

(1) supervision of submissions for commutation or parole is done by the people's procuratorate bearing procuratorate responsibility over the enforcement organ

(2) Supervision of trial and judgment activity in a commutation or parole case is the responsibility of the people's procuratorate at the same level as the people's court; and where the people's procuratorate does not bear procuratorate responsibility over the law enforcement organ, the people's procuratorate with procuratorate responsibility over the enforcement organ may appoint someone to take a chair at court as needed. Where lower level people's procuratorates discover improper rulings on a commutation or parole case, they shall promptly report to the people's procuratorate at the same level as the people's court making the commutation or parole decision.

Article 4: People's procuratorates handling cases of commutation or parole follow regulations to realize a unified case management and handling responsibility system.

Article 5: People's procuratorates shall promptly conduct a review after being sent the following materials in a case of commutation or parole from an enforcement organ.

(1) a commutation or parole opinion; that the enforcement authority intends to submit;

(2) a final court judgment opinion, enforcement notice or previous commutation order;

(3) Materials showing that the criminal has truly expressed remorse and reformation, or has made a meritorious or major meritorious service commutation or parole opinion;

(4) The criminals' evaluation and appraisal forms, and review of any awards or punishments;

(5) Other case materials that shall be reviewed.

In cases proposed for parole, the community corrections or other basic level organization's investigation assessment report regarding the impact of the criminal's impact on their community after parole, shall also be reviewed.

Article 6: In any of the following situations, the people's procuratorate shall conduct an investigation and verification:

(1) The criminal proposed for commutation or parole committed a crime abusing public office, a crime undermining the financial management order or financial fraud, a mafia-type organized crime, a serious violent terrorist crime, or another crime that had major societal impact or is closely watched by society.

(2) Where the criminal is proposed for commutation because the have performed a meritorious or major meritorious service.

(3) Where the proposed commutation or parole for the criminal is a large spanning commutation , a lengthy parole probationary period, it is proposed early, the time interval is short or the actual period of enforcement is short;

(4) Where criminals proposed for commutation and parole have high evaluation scores or many special awards; or where the evaluation materials or reward and punishment record is in doubt.

(5) Where an accusation or whistle-blower report is received;

(6) Other [situations] where an investigation and verification shall be conducted.

Article 7: People's procuratorates may methods such as reading copies of relevant materials, newly organizing a differential diagnosis, conducting a document identification, convening a forum or separately questioning, to investigate and verify the following circumstances:

(1) The behavior of the criminal propose for commutation or parole while serving his sentence.

(2) Circumstances such as the enforcement of financial penalties against the criminal proposed for commutation or parole , their performance of attached civil judgments, or their returning of of stolen goods or making restitution.

(3) Whether the meritorious service or major meritorious service of the criminal proposed for commutation or parole is genuine, or whether the innovative invention or technological innovation was completed by them independently during the punishment period and have the principle organ verify.

(3) The physical conditions and personality characteristics of the criminal proposed for commutation or parole , their source of income and supervision conditions for after parole, and other factors impacting recidivism.

(5) Other circumstances where there shall be an investigation and verification.

Article 8: People's procuratorates may assign staff to attend the enforcement organ's commutation and parole evaluation meetings, to understand relevant case conditions, and make comments as needed.

Article 9: Where people's procuratorates discover that a criminal meets the requirements for commutation and parole but that the enforcement organ has not proposed commutation and parole, they may suggest that the enforcement organ propose commutation and parole.

Article 10: After people's procuratorates receive a copy of the commutation or parole opinion from the enforcement organs, they shall conduct an item by item case review and may submit written comments to the people's courts. Where commutation or parole recommendations are found improper or submission for commutation or parole violates statutory procedures, a written comment shall be sent to the people's court hearing the commutation or parole case in accordance with law, within 10 days of receiving the written recommendation and at the same time, a copy of the procuratorate opinion is sent to the enforcing organ. Where the case circumstances are complicated or there are special circumstances, this may be extended 10 days.

Article 11: Where people's courts hear commutation and parole cases, the people's procuratorate shall assign personnel to appear at court, express procuratorate opinions and supervise whether the people's courts' courtroom activities are lawful.

Article 12: The number of procuratorate personnel appearing at court must not be less than two, and at least one of these must have porcurator duties.

Article 13: Procurators shall do the following preparatory work before trial:

(1) become fully familiar with the case , with a firm grasp of the evidence and draft a courtroom inquiry outline and appearance opinion.

(2) In cases where there are objections to the enforcement organs proposal of commutation or parole , relevant evidence shall be gathered and it may be suggested that the people's courts notify witnesses to appear in court to testify.

Article 14: After trial begins, and after the representative of the enforcement organ reads aloud the recommendation for commutation or parole and explains the reasons, the procuratorate personnel shall express the procuratorate opinions.

Article 15: Where during the course of trial, procuratorate personnel have doubts as to the enforcement organ's proposal of commutation or parole , upon the permission of the chief judged, they may present evidence, apply to have witnesses appear in court to testify, request that the representative of the enforcement organ present evidence or give explanations, put questions to the criminal proposed for commutation or parole and other witnesses, or express opinions.

Article 16: When the in-court investigation concludes, before the final statement of the criminal proposed for commutation or parole , with the chief judge's permission, procuratorate personnel may make a summation type statement.

Article 17: Where during the course of trial, procuratorate personnel find it is necessary to further investigate and verify case facts or evidence, need a supplementary evaluation or a new evaluation, or need to notify new witness to come to court; they shall suggest an adjournment.

Article 18: Where procuratorate personnel discover that courtroom trial activities violate legal provisions, they shall promptly report to their procuratorate's chief procurator after trial, and submit a corrective opinion to the people's court in accordance with law.

Article 19: After people's procuratorates receive a copy of a people's court's commutation or parole judgment, they shall promptly review the following contents:

(1) Whether a people's court's commutation or parole judgments, as well as the time it commenced, the time interval, the actual period of sentencing enforcement, the range of commutation or the parole probationary period, comply with relevant provisions.

(2) Whether the people's courts judgment to not give a criminal commutation or parole complies with the relevant provisions.

(3) Whether the people's courts' trial procedures for commutation or parole were lawful.

(4) Whether the court held in-court proceedings in a commutation or parole case where under relevant provisions, they should hold in-court proceedings.

(5) Whether the people's courts' commutation or parole judgments were sent to enforcement and disclosed to the public in accordance with law.

Article 20: Where people's procuratorates find that people's courts' commutation and parole judgments are improper, they shall lawfully submit a written corrective opinion to the people's courts that made the commutation and parole judgments within 20 of receiving a copy of the judgment.

Article 21: Where the people's procuratorate issues a corrective opinion to a people's court's commutation or parole ruling, it shall supervise as the people's court, within one month of receiving the corrective opinion, newly forms a collegial panel, holds a new trial and make a final ruling.

Article 22: Where people's procuratorates discover true error in effective commutation and parole judgments by a people's court, they shall submit a written corrective opinion to the people's court and propose that the people's court to follow the trial supervision procedures to separately form a collegial panel to newly try the case and make a judgment in accordance with law .

Article 23: Where people's procuratorates receive accusations or whistle-blower complaints, or discover judicial personnel involved with illegal activity in handling commutation and parole cases, they shall conduct an investigation in accordance with law and in light of circumstances submit an opinion on correction of illegality to the relevant departments suggesting changing case handling personnel or suggesting disciplinary punishments be given; and where is constitutes a crime, pursue criminal liability in accordance with law.

Article 24: People's procuratorates handling cases of commutation or parole in crimes abusing public office follow the relevant provisions in conducting a review of the record.

Article 25: These provisions become effective on the date of publication. Where provisions previously promulgated by the Supreme People's Procuratorate are inconsistent with these Provisions, these Provisions are controlling.