Implementation Measures for Community Correction
Article 1 These Measures are formulated in accordance with the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and other relevant laws and regulations, and in combination with the actual work of community corrections, in order to standardize the implementation of community corrections according to law and transform community corrections personnel into law-abiding citizens.
Article 2 The judicial administrative organs shall be responsible for guiding, managing and organizing the implementation of community corrections.
The people's court shall make a judgment, order or decision according to law on the defendant or criminal who meets the applicable conditions for community correction.
The People's Procuratorate shall exercise legal supervision over all law enforcement links of community corrections according to law.
The public security organ shall promptly deal with the community correction personnel who violate the provisions of public security administration and commit new crimes according to law.
Article 3 The community correction institutions of the judicial administrative organs at the county level shall supervise, administer, educate and help the community correction personnel. The judicial office undertakes the daily work of community correction.
Social workers and volunteers participate in community correction work under the organization and guidance of community correction institutions.
Relevant departments, village (resident) committees, units where community correction personnel work, schools, family members or guardians, guarantors, etc. assist community correction institutions in community correction.
Article 4 If the people's courts, people's procuratorates, public security organs and prisons need to investigate the impact of the defendants and criminals who plan to apply community corrections on their communities, they may entrust judicial administrative organs at the county level to conduct investigation and evaluation.
The entrusted judicial administration organ shall, according to the requirements of the entrusting organ, investigate and understand the residence, family and social relations, consistent performance, consequences and effects of the criminal act, opinions of the village (residents) committee and the victim in the place of residence, and the matters to be prohibited of the defendant or criminal, form evaluation opinions, and submit them to the entrusting organ in a timely manner.
Article 5 The people's court, public security organ and prison shall verify the residence of a criminal who is subject to community correction, inform him in writing of the time limit for reporting to the judicial administrative organ at the county level in his place of residence and the consequences of the overdue report, and notify him of the judicial administrative organ at the county level in his place of residence when he is sentenced or before he leaves the prison; Within three working days from the effective date of the judgment or order, serve legal documents such as the judgment, order, decision, notice of execution, copy of parole certificate, and copy them to the people's procuratorate at the county level and the public security organ in their place of residence. The judicial administrative organ at the county level shall serve the receipt within three working days after receiving the legal document.
Article 6 Community correction personnel shall report to the judicial administrative organ at the county level in their place of residence within ten days from the date when the judgment or ruling of the people's court takes effect or the date they leave the prison. The judicial administrative organ at the county level shall go through the registration and acceptance procedures for him in a timely manner, and inform him to accept community corrections at the designated judicial office within three days. If it is found that the community correction personnel fail to report to the office within the prescribed time, the judicial administrative organ at the county level shall organize the search in a timely manner and notify the decision making organ.
The community corrections personnel temporarily serving out of prison shall be escorted to their places of residence by the prison or detention center that delivered them for execution, and the handover formalities shall be handled with the judicial administrative organ at the county level. If the place where a prisoner serves his sentence and his place of residence are not in the same province, autonomous region, or municipality directly under the Central Government, and it is necessary to return to his place of residence for temporary execution outside prison, the provincial prison administration organ and the prison administration department of the public security organ in the place where he serves his sentence shall notify in writing the prison administration organ and the prison administration department of the public security organ at the same level in the place where the prisoner lives to designate a prison or detention center to receive the criminal files, To be responsible for going through the formalities of prisoners' imprisonment and release. If the people's court decides to temporarily grant execution outside prison, it shall notify the judicial administrative organ at the county level in the place where the person resides to send personnel to go through the handover procedures in court.
Article 7 After receiving the community correction personnel, the judicial office shall timely announce the main contents of the judgment, ruling, decision, notice of execution and other relevant legal documents to the community correction personnel; Community correction period; The regulations that the community correction personnel should abide by, the prohibited items and the legal consequences of violating the regulations; The rights enjoyed by community correction personnel according to law and the rights restricted to exercise; Composition and responsibilities of correction team members.
The announcement shall be presided over by the staff of the Judicial Office, and members of the correction team and other relevant personnel shall be present in accordance with the prescribed procedures.
Article 8 The judicial office shall appoint a special correction group for community correction personnel. The rectification team is headed by the staff of the Judicial Office, and consists of the relevant personnel listed in paragraphs 2 and 3 of Article 3 of these Measures. If the community correction personnel are women, the correction team shall have female members.
The judicial office shall sign a letter of responsibility for correction with the correction team, clarify their respective responsibilities and obligations according to the unit and identity of the team members, and ensure the implementation of various corrective measures.
Article 9 The judicial office shall formulate a correction plan for the community correction personnel, and formulate targeted supervision, education and help measures on the basis of a comprehensive assessment of the types of punishments imposed on the community correction personnel, the circumstances of their crimes, their repentance, their personality characteristics, and their living environment. Timely adjust according to the implementation effect of the corrective plan.
Article 10 The judicial administrative organ at the county level shall establish a community correction implementation file for the community correction personnel, including the legal documents applicable to community correction, as well as the legal documents related to the implementation of community correction activities such as receiving, supervising and approving, punishing, putting in prison for implementation, and lifting correction.
The judicial office shall establish community correction work files, including the work records of the judicial office and the correction team on community correction, and the relevant materials of community correction personnel receiving community correction. At the same time, a copy of the community correction implementation file shall be kept.
Article 11 Community correction personnel shall regularly report to the judicial office on their compliance with disciplines and laws, acceptance of supervision and management, participation in education and learning, community services and social activities. In case of change of residence, change of work, major family changes and contact with people who have adverse impact on their correction, community correction personnel shall report in time.
Community correction personnel who are released on parole for medical treatment shall also report their physical condition to the judicial office every month, and submit the condition review to the judicial office every three months.
Article 12 If community correction personnel really need to enter a specific area or place that the people's court prohibits them from entering, they shall obtain the approval of the judicial administrative organ at the county level and inform the people's procuratorate.
Article 13 Community correction personnel shall not leave the city or county (flag) where they live without approval.
If community correction personnel really need to leave the city or county (flag) where they live due to medical treatment, major family changes and other reasons, they shall report to the judicial office for approval within seven days; If it exceeds seven days, the judicial office shall sign the opinions and submit them to the judicial administrative organ at the county level for approval. When returning to their place of residence, they shall immediately report to the judicial office. Community correction personnel shall not leave the city, county (flag) where they live for more than one month.
Article 14 Community correction personnel shall not change the county (city, district, banner) where they live without approval.
If the community correction personnel really need to change their residence due to the change of residence, they shall submit a written application one month in advance, and the judicial office shall sign the opinion and submit it to the judicial administrative organ at the county level for approval. The judicial administrative organ at the county level shall make a decision after soliciting the opinions of the judicial administrative organ at the county level in the new residence of the community correction personnel.
If the change of residence is approved, the judicial administrative organ at the county level shall, within three working days from the date of making the decision, hand over the relevant legal documents and correction files to the judicial administrative organ at the county level in the new place of residence. The relevant legal documents shall be copied to the people's procuratorate at the county level and the public security organ in the current and new residence. Community correction personnel shall report to the judicial administrative organ at the county level in the new place of residence within seven days from the date of receiving the decision.
Article 15 Community correction personnel shall participate in education and learning activities such as public morality, common sense of law, current affairs policies, etc., to enhance the concept of the rule of law, moral quality, and the awareness of repentance. Community correction personnel shall participate in education and study for at least eight hours every month.
Article 16 Community correction personnel who have the ability to work shall participate in community services, repair social relations, and cultivate a sense of social responsibility, collective awareness and discipline. Community correction personnel shall participate in community service for at least eight hours every month.
Article 17 According to the psychological state, behavioral characteristics and other specific conditions of community correction personnel, targeted measures should be taken to carry out individual education and psychological counseling, correct their criminal psychology and improve their ability to adapt to society.
Article 18 The judicial administration organ shall, according to the needs of community correction personnel, coordinate the relevant departments and units to carry out vocational training and employment guidance, and help implement social security measures.
Article 19 The judicial office shall, according to the personal life and work of community corrections personnel and the actual situation of the community in which they live, take targeted measures such as on-site inspection, communication, information verification, etc. to timely grasp the activities of community corrections personnel. During key periods, major activities, or in case of special circumstances, the judicial office shall timely learn about the situation of community correction personnel, and may require community correction personnel to report and explain the situation in the office as needed.
If the community correction personnel are out of supervision, the judicial office shall timely report to the judicial administrative organ at the county level for investigation.
Article 20 The judicial office shall regularly go to the families, units, schools and communities of community correction personnel to understand and verify the ideological trends and actual performance of community correction personnel.
For community correction personnel who are released on parole for medical treatment, the judicial office shall regularly communicate with the treatment hospital, timely master their physical condition, disease treatment, review results, etc., and feed back the situation to the approval and decision authorities or relevant prisons and detention centers as needed.
Article 21 The judicial office shall timely record the situation of community correction personnel's acceptance of supervision and management, participation in education and learning and community service, regularly assess their performance in accepting correction, and implement classified management of community correction personnel according to the assessment results.
Article 22 If it is found that the community corrections personnel have violated the supervision and management regulations or the injunction of the people's court, the judicial administrative organ shall send personnel to investigate and verify the situation in a timely manner, collect relevant supporting materials, and put forward handling suggestions.
Article 23 In any of the following circumstances, the judicial administrative organ at the county level shall give a warning and issue a written decision:
（1） Failing to report for duty at the specified time;
（2） Violating the provisions on reporting, receiving visitors, going out and changing residence;
（3） Failing to participate in education, learning, community service and other activities as required, and still failing to correct after education;
（4） The community correction personnel who are released on parole for medical treatment fail to submit the condition review on time without proper reasons, or carry out social activities other than medical treatment without approval and still fail to correct after education;
（5） Violating the injunction of the people's court, and the circumstances are minor;
（6） Other violations of supervision and management regulations.
Article 24 If community corrections personnel violate the regulations on supervision and administration or the injunction of the people's court and should be punished for public security administration according to law, the judicial administration organ at the county level should timely request the public security organ at the same level to punish them according to law. The public security organ shall notify the judicial administrative organ at the county level of the result of the handling.
Article 25 If the community corrections personnel who are suspended or paroled have any of the following circumstances, the judicial administrative organ at the same level in their place of residence shall submit a proposal to the original people's court for canceling the suspension or parole, together with relevant supporting materials, and the people's court shall make a ruling according to law within one month from the date of receipt:
（1） Violating the injunction of the people's court, and the circumstances are serious;
（2） Failing to report for duty within the prescribed time or being out of supervision during the period of receiving community correction, exceeding one month;
（3） Those who are punished by the public security administration for violating the supervision and administration regulations and still do not make corrections;
（4） Failing to correct after receiving three warnings from the judicial administrative organ;
（5） Other serious violations of relevant laws, administrative regulations and supervision and management regulations.
At the same time, the recommendation of the judicial administration organ for revoking the probation or parole and the written order of the people's court shall be copied to the people's procuratorate at the same level as the community corrections personnel and the public security organ at the place of residence.
Article 26 If the community corrections personnel temporarily serving out of prison are under any of the following circumstances, the judicial administration organ at the county level in their place of residence shall submit a proposal for imprisonment for execution to the approval and decision organ, which shall attach relevant supporting materials. The approval and decision organ shall make a decision according to law within 15 days from the date of receipt:
（1） It is found that the conditions for temporary execution outside prison are not met;
（2） Those who leave the city or county (flag) where they live without the approval of the judicial administrative organ and refuse to correct after being warned, or refuse to report their whereabouts, leaving supervision;
（3） Those who are punished by the public security administration for violating the supervision and administration regulations and still do not make corrections;
（4） Failing to correct after being warned twice by the judicial administrative organ;
（5） Failing to submit the condition review as required during the period of medical parole and refusing to correct after being warned;
（6） After the circumstances of temporary execution outside prison disappear, the term of imprisonment has not expired;
（7） The surety loses the conditions for suretyship or is disqualified as a surety due to failure to perform his obligations, and is unable to propose a new surety within the prescribed time limit;
（8） Other serious violations of relevant laws, administrative regulations and supervision and management regulations.
At the same time, the judicial administrative organ shall send a copy of the recommendation for the implementation of imprisonment and the written decision of the decision making organ to the people's procuratorate at the same level as the community corrections personnel and the public security organ at the place of residence.
Article 27 If a people's court decides to revoke the suspension or parole of a sentence or decides to put a criminal temporarily serving outside prison into prison for execution, the judicial administration organ at the county level in the place of his residence shall promptly deliver the criminal to a prison or detention center, and the public security organ shall provide assistance.
If the prison administration organ decides to put a criminal in prison for execution temporarily outside prison, the prison shall immediately go to the place of custody to put the criminal in prison for execution.
If the public security organ decides to put a criminal in prison for temporary execution outside prison, the detention house in the place where the criminal resides shall put the criminal in prison for execution.
Article 28 If the community corrections personnel meet the statutory conditions for commutation of sentence, the judicial administrative organ at the county level in the place of residence shall submit a proposal for commutation of sentence with relevant supporting materials, which shall be submitted to the intermediate people's court in the place of residence of the community corrections personnel for adjudication after being examined and approved by the judicial administrative organ at the prefecture (city) level. The people's court shall make a ruling according to law within one month from the date of receipt; If the circumstances of the case are complicated or the circumstances are special, the commutation of a criminal's sentence temporarily served outside prison may be extended by one month. Copies of the written recommendation of the judicial administrative organ and the written order of the people's court for commutation of sentence shall also be copied to the people's procuratorate at the same level as the community corrections personnel and the public security organ at the same time.
Article 29 Before the expiration of the period of community correction, the community correction personnel shall make a personal summary. The judicial office shall make a written appraisal based on their performance, assessment results, community opinions, etc. during the period of accepting community correction, and make suggestions on their placement.
Article 30 At the expiration of the term of correction of community correction personnel, the judicial office shall organize the cancellation of the declaration of community correction. The announcement shall be presided over by the staff of the judicial office and made in public according to the prescribed procedures.
The judicial office shall notify the relevant departments, village (residents') committees, mass representatives, units where the community corrections personnel work, family members, guardians and guarantors of the community corrections personnel to participate in the announcement according to the different situations of the community corrections personnel.
The announcement shall include: read out the appraisal opinions of community correction personnel; Declare the expiration of the community correction period, and cancel the community correction according to law; If a sentence of public surveillance is imposed, it shall be announced that the period of execution has expired and the public surveillance shall be released; If a suspension of sentence is announced, it shall be announced that the probation period for suspension has expired and the original sentence will no longer be executed; If parole is ordered, the probation period shall be declared and the execution of the original sentence shall be completed.
The judicial administrative organ at the county level shall issue the certificate of cancellation of community correction to the community correction personnel, notify the decision making organ in writing, and send a copy to the people's procuratorate and public security organ at the county level.
If the term of the community corrections personnel temporarily serving their sentences outside prison expires, the prison or detention center shall handle the release procedures for them according to law.
Article 31 Community correction shall terminate if a person who has undergone community correction dies, is decided to be put in prison for execution or is sentenced to imprisonment.
If the community correction personnel die during the period of community correction, the judicial administrative organ at the county level shall promptly notify the approval and decision authorities in writing, and notify the people's procuratorate at the county level.
Article 32 With respect to a criminal sentenced to deprivation of political rights to serve his sentence in society, the judicial administration organ shall cooperate with the public security organ to supervise him to abide by the provisions of Article 54 of the Criminal Law and keep abreast of relevant information in a timely manner. Criminals deprived of political rights may voluntarily participate in psychological counseling, vocational training and employment guidance activities organized by judicial administrative organs.
Article 33 The implementation of community correction for minors shall follow the principles of education, probation and rescue, and shall be carried out in accordance with the following provisions:
（1） Community correction of minors should be carried out separately from adults;
（2） The minor community correction personnel shall be given identity protection, and their correction announcement shall not be made public, and their correction files shall be kept confidential;
（3） The correction group of juvenile community correction personnel shall be attended by personnel who are familiar with the characteristics of adolescent growth;
（4） Take supervision and management measures beneficial to the physical and mental health development of minors according to their age, psychological characteristics, physical and mental development needs and other special circumstances;
（5） Carry out ideological, legal, moral education and psychological guidance in a way that is easily accepted by minors;
（6） Coordinate with relevant departments to provide assistance for minor community correction personnel in school and employment;
（7） Urge the guardians of the minor community correction personnel to perform their guardianship duties and assume the obligations of upbringing, discipline and education;
（8） Take other necessary measures conducive to the rehabilitation and integration of minor community correction personnel into normal social life.
The provisions of the preceding paragraph shall apply to community corrections personnel who at the time of their crime were under the age of 18 and were sentenced to fixed-term imprisonment of not more than five years.
Article 34 If the period of community correction for community correction personnel expires, the judicial office shall inform them of the relevant provisions on placement, help and education, properly hand over the matter to the placement, help and education department, and hand over the relevant materials.
Article 35 The judicial administration organ shall establish systems such as regular meetings, circulars, professional training, information submission, statistics, file management, law enforcement assessment, law enforcement publicity, supervision and inspection, etc., to ensure the standardized operation of community corrections.
The judicial administrative organ shall establish a mechanism for dealing with emergencies. If it finds that community correction personnel have died abnormally, committed crimes or participated in mass incidents, it shall immediately coordinate with the public security organ and other relevant departments to properly deal with them, and report the relevant situation to the higher judicial administrative organ and relevant departments in a timely manner.
The judicial administrative organ, the public security organ, the People's Procuratorate and the People's Court shall establish an information exchange platform for community correction personnel to realize the dynamic data sharing of community correction work.
Article 36 The personal safety, lawful property, and the rights to defend, appeal, accuse, and report of community correction personnel, as well as other rights that have not been deprived or restricted according to law, shall not be violated. Community correction personnel are not discriminated against in terms of schooling, employment and social security.
Judicial staff should carefully listen to and properly handle the problems reflected by community correction personnel, and safeguard their legitimate rights and interests according to law.
Article 37 If the people's procuratorate finds that the community correction law enforcement activities violate the law and the provisions of these Measures, it may, depending on the circumstances, put forward oral suggestions for correction, prepare and issue a notice for correction of violations or a procuratorial proposal. The delivering executing organ and the executing organ shall correct and rectify in a timely manner, and inform the People's Procuratorate of the relevant situation.
Article 38 In the process of implementing community corrections, judicial staff who commit dereliction of duty, malpractice for personal gain, abuse of power and other violations of law and discipline shall be given corresponding sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 The people's courts, people's procuratorates, public security organs and judicial administrative organs at all levels shall conscientiously strengthen the organization and leadership of community correction work, improve the working mechanism, clarify the working institutions, allocate staff, and allocate working funds to ensure the smooth implementation of community correction work.
Article 40 The Measures are formulated from two thousand and twelve year three month one Effective from. Where the provisions on community correction previously issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice are inconsistent with these Measures, these Measures shall prevail.