Community Correction Law of the People's Republic of China

Source: Shenzhen Public Security Bureau

Issued on: May 9, 2024

   Chapter I General Provisions

   Article 1

This Law is formulated in accordance with the Constitution in order to promote and standardize the work of community correction, ensure the correct implementation of criminal judgments, criminal rulings and decisions on temporary execution outside prison, improve the quality of educational correction, promote the smooth integration of community correction objects into society, and prevent and reduce crimes.

   Article 2

Community correction shall be carried out according to law for criminals sentenced to public surveillance, reprieve, parole or temporary execution outside prison.

This Law is applicable to the supervision and management, education and assistance of community correction objects.

   Article 3

The community correction work adheres to the combination of supervision and management with education and assistance, and the combination of specialized agencies and social forces. Classified management and individualized correction are adopted to eliminate the factors that may cause community correction objects to commit crimes again and help them become law-abiding citizens.

   Article 4

The object of community correction shall accept community correction according to law and be subject to supervision and management.

Community correction should be carried out according to law, and human rights should be respected and protected. The personal rights, property rights and other rights enjoyed by community correction objects according to law shall not be violated, and there shall be no discrimination in employment, schooling and social security.

   Article 5

The state supports community correction institutions to improve the level of informatization, and uses modern information technology to carry out supervision and management and education assistance. Information sharing shall be carried out among relevant departments of community correction work according to law.

   Article 6

People's governments at all levels shall include the funds for community corrections in the government budget at the corresponding level.

The funds needed by the residents' committees, villagers' committees and other social organizations to assist the community correction institutions in carrying out their work according to law shall be included in the government budget of the community correction institutions at the same level according to regulations.

   Article 7

Organizations and individuals who have made outstanding contributions to community correction work shall be commended and rewarded according to relevant national regulations.

   Chapter II Organization, Personnel and Responsibilities

   Article 8

The judicial administration department of the State Council is in charge of the work of community correction throughout the country. The judicial administration departments of the local people's governments at or above the county level shall be responsible for the work of community corrections within their respective administrative areas.

The people's courts, the people's procuratorates, the public security organs and other relevant departments shall, in accordance with their respective functions and duties, do a good job of community corrections according to law. The People's Procuratorate shall exercise legal supervision over the work of community corrections according to law.

The local people's government shall set up a community correction committee according to needs, which shall be responsible for coordinating and guiding the community correction work within its own administrative area.

   Article 9

The local people's governments at or above the county level shall set up community correction institutions according to needs to be responsible for the specific implementation of community correction work. The establishment and revocation of community correction institutions shall be put forward by the judicial administration department of the local people's government at or above the county level, and examined and approved in accordance with the prescribed limits of authority and procedures.

The judicial office shall undertake the work related to community correction according to the entrustment of community correction institutions.

   Article 10

Community correction institutions shall be staffed with specialized national staff with legal and other professional knowledge (hereinafter referred to as community correction institution staff) to perform law enforcement duties such as supervision and management, education and assistance.

   Article 11

Community correction institutions shall organize social workers with professional knowledge or practical experience in law, education, psychology, social work, etc. to carry out work related to community correction as required.

   Article 12

The residents' committee and villagers' committee shall assist the community correction institutions in the work of community correction according to law.

The guardians, family members, units or schools of the community correction objects shall assist the community correction institutions in the work of community correction.

   Article 13

The State encourages and supports enterprises, institutions, social organizations, volunteers and other social forces to participate in community correction according to law.

   Article 14

The staff of community correction institutions shall strictly abide by the Constitution and laws, be devoted to their duties, strictly observe discipline, and be honest and upright.

   Article 15

The staff of community correction institutions and other personnel involved in community correction work carry out community correction work according to law and are protected by law.

   Article 16

The state promotes the construction of high-quality community correction teams. Community correction institutions should strengthen the management, supervision, training and professional security of community correction staff, and constantly improve the standardization and professionalism of community correction work.

   Chapter III Decision and Acceptance

   Article 17

The community correction decision organ shall determine the place where the community correction is to be executed when it is sentenced to public surveillance, declares a suspension of sentence, orders parole, decides or approves the temporary execution outside prison.

The implementation place of community correction is the residence of the community correction object. If the community correction object lives in multiple places, the place of habitual residence can be determined as the place of implementation.

If the place of residence or habitual residence of the community correction object cannot be determined or is not suitable for the implementation of community correction, the community correction decision organ shall determine the place of implementation according to the principle of facilitating the community correction object to accept correction and better integrate into society.

The community correction decision making organs as mentioned in this Law refer to the people's courts that have sentenced public surveillance, announced suspension of sentence, ordered parole, and decided to temporarily execute outside prison according to law, and the prison administration organs and public security organs that have approved the temporary execution outside prison according to law.

   Article 18

The decision organ of community correction may, according to needs, entrust community correction institutions or relevant social organizations to investigate and assess the social risks of defendants or criminals and the impact on the community they live in, and put forward suggestions for reference when making decisions on community correction. Neighborhood committees, villagers' committees and other organizations shall provide necessary assistance.

   Article 19

The community correction decision organ shall, in accordance with the conditions and procedures prescribed by the Criminal Law, the Criminal Procedure Law and other laws, impose public surveillance, announce a suspension of sentence, order parole, decide or approve the temporary execution outside prison.

The decision organ of community correction shall educate the object of community correction, inform them of the regulations they should abide by during the period of community correction and the legal consequences of violating the regulations, and order them to report on time.

   Article 20

The decision organ of community correction shall notify the community correction institution in the place of execution within five days from the date when the judgment, ruling or decision comes into effect, and serve the relevant legal documents within ten days, at the same time send a copy to the People's Procuratorate and the public security organ in the place of execution. If the place of decision and the place of execution of community correction are not in the same place, the community correction institution in the place of execution shall transfer the legal documents to the local people's procuratorate and public security organ.

   Article 21

The community correction objects sentenced to public surveillance, suspended sentence or parole by the people's court shall report to the community correction institution in the place of execution within ten days from the effective date of the judgment or order.

If the people's court decides to temporarily allow the community correction object to be executed outside prison, the detention center or the public security organ executing the bail pending trial or residential surveillance shall transfer the community correction object to the community correction institution within 10 days from the date of receiving the decision.

Community correction objects approved by the prison administration organ and the public security organ for temporary execution outside prison shall be transferred by the prison or detention center to the community correction institution within ten days from the date of receiving the approval decision.

   Article 22

Community correction institutions shall accept community correction objects according to law, check legal documents, verify identity, handle reception registration, establish files, and announce the criminal facts of community correction objects, the time limit for implementation of community correction and the regulations that should be observed.

   Chapter IV Supervision and Management

   Article 23

During the period of community correction, the objects of community correction shall abide by laws and administrative regulations, fulfill the obligations specified in legal documents such as judgments, rulings, decisions on temporary execution outside prison, comply with the supervision and management regulations of the judicial administration department of the State Council on reporting, receiving visitors, going out, moving in, and medical parole, and obey the management of community correction institutions.

   Article 24

Community correction institutions shall formulate targeted correction plans according to the content of the judgment and the gender, age, psychological characteristics, health status, crime causes, crime types, criminal circumstances, repentance and other conditions of the community correction objects, so as to achieve classified management and individualized correction. The correction plan should be adjusted according to the performance of the community correction objects.

   Article 25

Community correction institutions shall, according to the conditions of community correction objects, determine correction groups for them and be responsible for implementing corresponding correction plans.

If necessary, the correction group may be composed of the personnel of the judicial office, the neighborhood committee, the villagers' committee, the guardians and family members of the community correction objects, the personnel of the unit or school, social workers, volunteers, etc. If the object of community correction is female, there should be female members in the correction group.

   Article 26

Community correction institutions should understand and master the activities and behavior of community correction objects. Community correction institutions can verify the relevant situation through communication, information verification, on-site visits and other means, and the relevant units and individuals should cooperate.

When carrying out on-site visits and other work, community correction institutions shall protect the identity information and personal privacy of community correction objects.

   Article 27

If the object of community correction leaves the city or county where he lives or moves to another place, he shall report to the community correction institution for approval. Community correction institutions shall approve those with justifiable reasons; For regular cross city and county activities due to normal work and life needs, approval procedures and methods can be simplified according to the situation.

If the execution place needs to be changed due to the relocation of the community correction object or other reasons, the community correction institution shall make a change decision in accordance with the relevant provisions. After making a change decision, the community correction institution shall notify the community correction decision organ and the changed community correction institution, and copy the relevant legal documents to the changed community correction institution. The changed community correction institution shall transfer the legal documents to the local people's procuratorate and public security organ.

   Article 28

Community correction institutions shall assess, reward and punish the community correction objects according to their performance and relevant regulations. The objects of community correction who confess their guilt and repent, abide by laws and regulations, obey supervision and management, and have outstanding performance in receiving education shall be commended. If the object of community correction violates laws and regulations or supervision and management regulations, he or she shall be admonished, warned, or submitted to the public security organ for public security administration punishment according to the circumstances, or submitted to the public security organ for revocation of probation, revocation of parole, or imprisonment for temporary execution outside prison according to law.

The assessment results of the community correction objects can be used as the basis for determining whether they really repent or seriously violate the supervision and management regulations.

   Article 29

Under any of the following circumstances, the community correction objects can use electronic positioning devices to strengthen supervision and management with the approval of the head of the judicial administration department at the county level:

(1) Violating the injunction of the people's court;

(2) Leaving the city or county where he lives without proper reasons and without approval;

(3) Refusing to report their own activities as required and being given a warning;

(4) Violating the regulations on supervision and administration and being punished for public security administration;

(5) A person who plans to apply for revocation of suspension of sentence, parole or temporary detention outside prison.

The time limit for using electronic positioning devices as prescribed in the preceding paragraph shall not exceed three months. If it is not necessary to continue using it, it shall be terminated in time; If it is still necessary to continue using after the expiration of the time limit, the time limit may be extended upon approval, and each time shall not exceed three months.

Community correction institutions shall strictly keep confidential the information obtained through electronic positioning devices, and the relevant information can only be used for community correction work, not for other purposes.

   Article 30

If the community correction object loses contact, the community correction institution shall immediately organize the search, and the public security organ and other relevant units and personnel shall provide assistance. After finding the community correction objects, they should be dealt with according to the law according to different situations.

   Article 31

If the community correction institution finds that the community correction object is committing an act in violation of the provisions of supervision and management or violating the prohibition order of the people's court, it shall stop it immediately; If the suppression is ineffective, the public security organ shall be notified immediately to be present for disposal.

   Article 32

If the community correction object has been detained according to law, forced to isolate for drug rehabilitation, or taken criminal coercive measures to restrict personal freedom, the relevant organ shall notify the community correction institution in a timely manner.

   Article 33

If the object of community correction meets the conditions for commutation stipulated in the Criminal Law, the community correction institution shall propose commutation to the people's court at or above the intermediate level in the place where the community correction is carried out, and copy the commutation proposal to the people's procuratorate at the same level.

The people's court shall make a ruling within 30 days after receiving the recommendation for commutation from the community correction institution, and deliver the written ruling to the community correction institution, with a copy to the people's procuratorate and the public security organ.

   Article 34

To carry out community correction work, the legitimate rights and interests of community correction objects should be protected. The measures and methods of community correction should avoid unnecessary impact on the normal work and life of the community correction objects; The personal freedom of community correction objects shall not be restricted or restricted in a disguised form unless in accordance with the law.

If the object of community correction believes that his or her legitimate rights and interests have been infringed, he or she has the right to appeal, accuse and report to the People's Procuratorate or relevant organs. The accepting organ shall handle the matter in a timely manner and inform the complainant, complainant and informant of the result of the handling.

   Chapter V Education and Assistance

   Article 35

The local people's governments at or above the county level and their relevant departments shall provide the necessary places and conditions for the correction objects of the education and assistance communities through various forms, and organize and mobilize social forces to participate in the education and assistance work.

The relevant people's organizations shall, in accordance with law, assist the community correction institutions in their work of education and assistance.

   Article 36

Community correction institutions shall, as required, educate the community correction objects on the rule of law and morality, enhance their concept of the rule of law, and improve their moral quality and sense of repentance.

The education of community correction objects should be based on their individual characteristics, daily performance and other actual conditions, and give full consideration to their work and life conditions, so as to teach people according to their needs.

   Article 37

Community correction institutions can coordinate relevant departments and units to carry out vocational skills training and employment guidance for community correction objects with difficulties in employment according to law, and help students in school among community correction objects to complete their studies.

   Article 38

Neighborhood committees and villagers' committees can guide volunteers and community masses to make use of community resources and take various forms to provide necessary education and assistance to community correction objects with special difficulties.

   Article 39

The guardians, family members, units or schools of the community correction objects shall assist the community correction institutions in educating the community correction objects.

   Article 40

Community correction institutions can provide necessary assistance for community correction objects in education, psychological counseling, vocational skills training, social relations improvement, etc. by publicly purchasing community correction social work services or other social services on a selective basis.

Community correction institutions can also carry out the above assistance activities by entrusting social organizations with projects. The State encourages social organizations with experience and resources to carry out assistance exchanges and demonstration activities across regions.

   Article 41

The State encourages enterprises, institutions and social organizations to provide jobs and vocational skills training for community correction objects. Enterprises that recruit qualified community correction objects shall enjoy preferential national policies according to regulations.

   Article 42

Community correction institutions can organize community correction objects to participate in public welfare activities, repair social relations and cultivate a sense of social responsibility according to their individual strengths.

   Article 43

Community correction objects can apply for social assistance, participate in social insurance, and obtain legal aid according to the relevant provisions of the State, and community correction institutions shall provide necessary assistance.

   Chapter VI Cancellation and Termination

   Article 44

If the community correction object has completed the correction period or been pardoned, the community correction institution shall issue a certificate of cancellation of community correction to the community correction object, and notify the community correction decision organ, the local people's procuratorate, and the public security organ.

   Article 45

If the community correction object is ruled to revoke the probation or parole, or is decided to be put into prison for execution, or the community correction object dies, the community correction shall be terminated.

   Article 46

If the object of community correction has the situation of revocation of suspension or parole as stipulated in the Criminal Law, the people's court shall revoke the suspension or parole.

If a person commits a new crime within the probation period or finds that there are other crimes for which no judgment has been rendered before the judgment is pronounced, the people's court hearing the case shall revoke the probation or parole, and notify the people's court that originally tried the case and the community correction institution in the place where the judgment was executed in writing.

If there are other circumstances other than those specified in the second paragraph that need to revoke the suspension or parole, the community correction institution shall propose to the people's court of the original trial or the people's court of the place where the sentence is executed to revoke the suspension or parole, and send a copy of the proposal to the people's procuratorate. When proposing to revoke probation or parole, the community correction institution shall give reasons and provide relevant evidence.

   Article 47

If the community correction object who has been requested to revoke the suspension or parole may escape or may be in danger to society, the community correction institution may, at the same time of proposing to revoke the suspension or parole, request the people's court to decide to arrest him.

The people's court shall decide whether to arrest or not within 48 hours. If an arrest is decided, it shall be executed by the public security organ. The period of custody after arrest shall not exceed 30 days.

   Article 48

The people's court shall make a ruling within 30 days after receiving the recommendation of the community correction institution to revoke the probation or parole, deliver the written ruling to the community correction institution and the public security organ, and send a copy to the people's procuratorate.

If the people's court intends to revoke the suspension of sentence or parole, it shall hear the defense of the community correction object and the opinions of the lawyer entrusted by it.

If the people's court decides to revoke the suspension of sentence or parole, the public security organ shall promptly deliver the community correction object to the prison or detention center for execution. If a person is arrested before execution, one day in custody shall be converted into one day of his sentence.

If the people's court decides not to revoke the suspension of sentence or parole, the public security organ shall immediately release the arrested community correction target.

   Article 49

If the community correction object temporarily serving out of prison has the situation that should be put into prison according to the provisions of the Criminal Procedure Law, the community correction institution shall propose to the place of execution or the original community correction decision organ for putting into prison for implementation, and send a copy of the proposal to the People's Procuratorate.

The decision making organ for community correction shall make a decision within 30 days after receiving the proposal, deliver the written decision to the community correction organ and the public security organ, and send a copy to the People's Procuratorate.

If the people's court or the public security organ decides to put the community correction object temporarily in prison for execution, the public security organ shall immediately send the community correction object to the prison or detention center for execution.

If the prison administration organ decides to put the community correction object temporarily in prison for execution, the prison shall immediately put the community correction object in prison for execution.

   Article 50

If an object of community correction who has been ordered to revoke the suspension of sentence, parole or sentenced to imprisonment escapes, the public security organ shall pursue him, and the community correction institution, relevant units and individuals shall provide assistance.

   Article 51

If the object of community correction dies during the period of community correction, his guardian and family members shall report to the community correction institution in a timely manner. The community correction institution shall timely notify the community correction decision making organ, the local people's procuratorate and the public security organ.

   Chapter VII Special Provisions on Community Correction of Minors

   Article 52

Community correction institutions shall take targeted corrective measures according to the age, psychological characteristics, development needs, growth experience, criminal reasons, family guardianship and education conditions of minor community correction objects.

Community correction institutions shall determine correction groups for minor community correction objects, and shall include personnel familiar with the physical and mental characteristics of minors.

Community correction for minors should be carried out separately from adults.

   Article 53

The guardians of the minor community correction objects shall perform their guardianship responsibilities and assume the obligations of upbringing and discipline.

If the guardian is negligent in performing his guardianship duties, the community correction institution shall urge and educate him to perform his guardianship duties. If the guardian refuses to perform his duty of guardianship, he shall notify the relevant department to deal with it according to law.

   Article 54

The staff of community correction institutions and other personnel who participate in community correction according to law shall keep confidential the minors' identity information obtained in the course of performing their duties.

Except for the need of the judicial organ to handle the case or the inquiry of the relevant units according to the national regulations, the file information of the minor community correction objects shall not be provided to any unit or individual. An entity that makes inquiries according to law shall keep the information obtained confidential.

   Article 55

For the minor community correction objects who have not completed compulsory education, the community correction institutions shall notify and cooperate with the education department to provide conditions for them to complete compulsory education. The guardians of minor community correction objects shall ensure that they enter school on time and complete compulsory education according to law.

If the community correction objects who have reached the age of 16 are willing to work, the community correction institutions can coordinate with the relevant departments and units to provide them with vocational skills training, employment guidance and help.

   Article 56

The Communist Youth League, women's federations and juvenile protection organizations shall assist community correction institutions in the work of juvenile community correction according to law.

The State encourages other relevant social organizations of minors to participate in the work of community correction of minors, and provides policy support according to law.

   Article 57

Juvenile community correction objects enjoy the same rights as other minors in terms of resuming school, entering a higher school, employment, etc., and no unit or individual may discriminate against them. If there is discrimination, the education, human resources, social security and other departments shall deal with it according to law.

   Article 58

If the minor community correction object has reached the age of 18 during the period of community correction, the relevant provisions on community correction for minors shall continue to apply.

   Chapter VIII Legal Liability

   Article 59

If the object of community correction violates the provisions of supervision and administration during the period of community correction, the public security organ shall punish him in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security; If the suspension of sentence, parole or temporary detention outside prison is revoked, the case shall be dealt with according to law.

   Article 60

If the object of community correction beats, threatens, insults, harasses, retaliates against the staff of community correction institutions and other personnel who participate in community correction work according to law and their close relatives, and if a crime is constituted, criminal responsibility shall be investigated according to law; If the case does not constitute a crime, the public security organ shall impose administrative penalties for public security according to law.

   Article 61

The staff of community correction institutions and other national staff who have one of the following acts shall be punished; If a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Taking advantage of his position or work convenience to ask for or accept bribes;

(2) Failing to perform legal duties;

(3) Corporal punishment, maltreatment of community correction objects, or violation of laws to restrict or restrict in disguised form the personal freedom of community correction objects;

(4) Disclosing the secrets of community correction work or other information that should be kept confidential according to law;

(5) Retaliating against the objects of community corrections who appeal, accuse or report according to law;

(6) Other violations of discipline and law.

   Article 62

If the people's procuratorate finds that the work of community correction violates the provisions of the law, it shall put forward suggestions for correction and procuratorial suggestions according to law. The relevant units shall reply to the People's Procuratorate in writing about the adoption of the corrective opinions and procuratorial suggestions, and shall explain the reasons for the failure to adopt them.

   Chapter IX Supplementary Provisions

   Article 63

This Law shall come into force as of July 1, 2020.


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