Notice of the Ministry of Justice, the Supreme People's Procuratorate and the Ministry of Public Security on Printing and Distributing the Measures for the Execution of Prisoners' Parole for Medical Treatment
(No.247 of 65438 [1990]+February 3 1).
The judicial departments (bureaus), people's procuratorates and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:
Medical parole is a serious law enforcement activity. In recent years, all localities have carried out the work of releasing criminals on medical parole according to law, and the overall situation is good, so that the diseases of medical parole personnel have been treated in time, which fully embodies the socialist humanitarian spirit. However, there are also many problems in this work, which are mainly manifested as follows: First, some regions and units are not strict with the conditions and approval procedures for criminals to be released on medical parole, and some criminals who should not be released on medical parole are released; Second, "protection and release" is detrimental to the seriousness of law enforcement; Third, there is insufficient contact between reform-through-labour institutions and public security organs in some areas, which makes medical personnel released on parole out of control, and some public security organs are lax in supervision and inspection of medical personnel released on parole; Fourth, individual police officers practice favoritism and pervert the law, causing some criminals to take advantage of medical parole and get away with it, endangering social order. In order to act in strict accordance with the law, strengthen the construction of a clean government, and ensure social stability, the "Measures for the Execution of Prisoners' Medical Parole" is formulated, and all future prisoners' medical parole will be handled according to this.
It is hoped that all localities will organize forces to conduct a comprehensive inspection and rectification of the existing criminals who are released on medical parole in accordance with the Implementation Measures for Prisoners' Medical Parole, and resolutely put them in prison; If it is necessary to continue medical parole, determine the time limit for continuing medical parole procedures; For those who run away from home, the guarantor shall be instructed to inform them to return within a time limit and accept supervision and inspection. Through cleaning up and rectifying, summing up experience and lessons, formulating corresponding systems, improving work transparency, strengthening the restriction mechanism, strengthening internal and external supervision, and strictly handling affairs according to law, this work can be carried out normally and healthily.
Attached:
Measures for the implementation of medical parole for criminals
Article 1 In order to strengthen and improve the management of medical parole for criminals, these Measures are formulated in accordance with the relevant provisions of the Regulations of People's Republic of China (PRC) Municipality on Labor Reform.
Article 2 A criminal sentenced to life imprisonment, fixed-term imprisonment or criminal detention may be released on parole for medical treatment under any of the following circumstances during the reform period:
(1) Suffering from a serious illness and being in danger of death in the short term.
(2) A criminal whose original sentence of life imprisonment was commuted to life imprisonment with a two-year suspension of execution of the death penalty, who served more than seven years after the execution of the life imprisonment, or a criminal whose sentence exceeded one third of the original sentence after the execution of the original sentence of fixed-term imprisonment (if the sentence has been commuted, it shall be calculated according to the commuted sentence), who suffered from a serious chronic disease and failed in long-term medical treatment. However, if the condition is aggravated, there is a risk of death, and the transformation performance is good, the above period can be exempted.
(three) physical disability, life is difficult to take care of themselves.
(4) Being old and sick, and having lost the possibility of endangering society.
Article 3 The following criminals shall not be released on bail for medical treatment:
(a) a criminal sentenced to death with a two-year suspension of execution, while the execution is suspended;
(two) the crime is serious and the public is very angry;
(3) Self-mutilation in prison to escape punishment.
Article 4 The medical parole of recidivists, recidivists and counter-revolutionaries shall be strictly controlled, and the medical parole of juvenile offenders, elderly disabled offenders and female offenders shall be appropriately relaxed.
Article 5. Criminals who need medical parole shall be discussed and approved by their prisons, reform-through-labour teams and juvenile correctional institutions, reported to the prison management department of their own units for discussion, and invited prosecutors (groups) stationed in reform-through-labour institutions to attend as nonvoting delegates. After the initial review, the disabled will be identified.
Article 6 Disability appraisal for medical parole shall be conducted by prisons, reform-through-labour teams and hospitals for juvenile delinquents. If there is no hospital, it can be sent to the central hospital of the reform-through-labour bureau or the nearest hospital at or above the county level for inspection and appraisal. The appraisal conclusion should be signed by the hospital business dean, stamped with the official seal, and attached with laboratory tests, photos and other relevant medical records.
Article 7 For criminals who meet one of the circumstances specified in Article 2, prisons, reform-through-labour teams and juvenile detention centers shall fill out the Opinions on Asking Criminals to Be Released on Bail for Medical Treatment, solicit the opinions of the public security organs where the criminal's family members are located, and contact the criminal's family members to go through the formalities of obtaining bail pending trial.
A guarantor should have the ability to control and educate criminals who have been released on bail pending trial, and have certain economic conditions. The qualification of the guarantor shall be examined by the public security organ.
The guarantor and the insured shall sign or seal the "Guarantee for Prisoner's Parole for Medical Treatment".
Article 8 For criminals who need to be released on medical parole, prisons, reform-through-labour teams and juvenile delinquents' reformatories shall fill out the Approval Form for Prisoners' Release on Medical Parole, together with the Opinions on Soliciting Prisoners' Release on Medical Parole, relevant disability appraisal and opinions of local public security organs, and submit it to the reform-through-labour bureaus of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval. At the same time, send the above copy to the institution responsible for procuratorial work. If the reform-through-labour bureau approves medical parole, it shall submit the Examination and Approval Form for Prisoner's Medical Parole in triplicate to the examining and approving unit.
Article 9 For criminals released on medical parole, prisons, reform-through-labour teams and juvenile detention centers shall go through the formalities for their release from prison, issue them with medical parole certificates, and educate criminals to abide by the law and accept the supervision of public security organs. At the same time, it is necessary to send a copy or photocopy of the Examination and Approval Form for Prisoner's Parole for Medical Treatment, the Appraisal Form for Prisoner's Parole for Medical Treatment and the judgment of the people's court to the county-level public security organ and the people's procuratorate where their families are located.
Article 10 A criminal who is released on medical parole shall be brought back to the local public security organ by the guarantor for report. If a prisoner released on medical parole fails to report for duty within the specified time, the public security organ shall promptly notify the prison, reform-through-labour team and juvenile detention center where he is located, and the reform-through-labour organ shall be responsible for searching.
Article 11 If a prisoner living in another province, autonomous region or municipality directly under the Central Government is released on parole and returned to his original place of residence for medical treatment, the prison, reform-through-labour team and juvenile correctional institution shall hand over their archival materials to the reform-through-labour bureau of his original place of residence, which shall designate the nearest prison, reform-through-labour team and juvenile correctional institution for management.
Twelfth criminals who meet the conditions stipulated in Items (1) and (2) of Article 2 of these Measures shall be released on parole for medical treatment on a regular basis. According to the criminal's condition, it can be decided to release the criminal on parole for six months to one year at a time. Before the expiration of a sentence, prisons, reform-through-labour teams and reformatories for juvenile offenders shall send police officers to conduct on-the-spot investigations or send letters to investigate. If the situation of paroled criminals has basically improved, they shall be put into prison, reform-through-labour team or juvenile detention center for execution; If the hospital at or above the county level proves that there is still no improvement, the prisons, reform-through-labour teams and juvenile detention centers shall put forward their opinions, report them to the reform-through-labour bureaus of provinces, autonomous regions and municipalities directly under the Central Government for approval, and go through the formalities of extending the term of medical parole, which can be extended for six months to one year at a time.
If it is decided to put in prison or extend the time of medical parole, prisons, reform-through-labour teams and reformatories for juvenile offenders shall promptly notify the local public security organs and people's procuratorates.
Article 13 The living expenses and medical expenses of a prisoner during his release on medical parole shall be borne by his relatives, who have the obligation to support him; If there are difficulties, the local public security organs can prove that prisons, reform-through-labour teams and juvenile reformatories can give subsidies as appropriate.
If a criminal who is disabled on duty or accidentally is released on parole for medical treatment, the prison, reform-through-labour team and juvenile correctional institution shall be responsible for the treatment, and regular or one-time subsidies may also be given.
Article 14 The local public security organs are responsible for the daily supervision and inspection of criminals released on medical parole, and the reform-through-labour institutions send police officers or send letters to conduct a comprehensive inspection every year to understand the illness and performance of criminals and deal with them according to the situation. When sending police officers to inspect, they should contact the public security organ in charge of supervision and inspection and meet with the criminal himself and the guarantor; If a letter is sent for inspection, the public security organ responsible for supervision and inspection shall reply in time.
If a criminal dies, moves to another place or commits a new crime while being released on medical parole, the local public security organ shall promptly notify the prisons, reform-through-labour teams and reformatories for juvenile offenders in charge of management; Those who have truly repented or rendered meritorious service shall introduce the situation to the competent prisons, reform-through-labour teams and juvenile reformatories, and the prisons, reform-through-labour teams and juvenile reformatories may make suggestions to the people's courts for commutation.
Article 15 When a prisoner is released on parole and his sentence expires, prisons, reform-through-labour teams and reformatories for juvenile delinquents shall go through the release procedures on schedule.
Article 16. The period during which a prisoner is released on medical parole shall be included in the execution sentence, except those who have been released on medical parole by illegal means and verified.
The period during which a criminal released on bail pending trial goes out without the approval of the public security organ shall not be counted in the execution of the sentence.
Article 17 A criminal who is released on parole for medical treatment shall be put in prison for execution under any of the following circumstances:
(a) illegal crime again;
(2) Obtaining medical parole by illegal means;
(3) After treatment, the condition has been cured or basically improved.
Eighteenth in accordance with the provisions of the detention center of public security organs need medical parole criminals, referring to these measures.
Article 19 These Measures shall come into force as of the date of promulgation.
Attachment: the scope of illness and disability of criminals released on medical parole
Attachment:
The scope of illness and disability of criminals released on medical parole
A prisoner who is serving a sentence has one of the following disabilities and meets other requirements, and can be released on parole for medical treatment:
A psychiatric hospital (designated by the regional forensic hospital) common mental diseases diagnosed by judicial expertise, such as schizophrenia, manic depression and periodic mental illness.
2. Various organic heart diseases (rheumatic heart disease, coronary atherosclerotic heart disease, hypertensive heart disease, cardiomyopathy, pericarditis, cor pulmonale, congenital heart disease, etc.). ), the heart function is above level 3.
Arrhythmia caused by organic heart disease, such as multiple and multiple premature beats, atrial fibrillation, and more than second degree atrioventricular block.
After the treatment of myocardial infarction, there are still serious changes or complications of coronary insufficiency.
Third, the third stage of hypertension.
Four, cavitary pulmonary tuberculosis, repeated hemoptysis, after two courses of treatment, bronchiectasis, repeated hemoptysis, and complicated with lung infection.
Patients with pulmonary pleural diseases and severe respiratory dysfunction, such as exudative pleurisy, empyema, traumatic hemopneumothorax, diffuse pulmonary interstitial fibrosis, etc.
5. Decompensation caused by various liver cirrhosis, such as portal cirrhosis, necrotizing cirrhosis, biliary cirrhosis, cardiogenic cirrhosis, schistosomiasis cirrhosis, etc.
Six, all kinds of chronic kidney diseases caused by renal insufficiency, after treatment can not be recovered, such as chronic glomerulonephritis, chronic pyelonephritis, bilateral renal tuberculosis, renal arteriosclerosis, etc.
Seven, cerebrovascular disease, intracranial organic disease caused by limb paralysis, obvious language disorder or visual impairment. After treatment.
Cerebrovascular diseases, such as cerebral hemorrhage, cerebral thrombosis, subarachnoid hemorrhage and cerebral embolism.
Intracranial organic diseases, such as intracranial tumor, brain abscess, forest encephalitis, tuberculous meningitis, purulent meningitis, severe craniocerebral trauma, etc.
Eight, all kinds of spinal cord and peripheral nerve diseases caused by limb paralysis, incontinence, life can not take care of themselves.
Various spinal cord diseases, such as myelitis, high syringomyelia, spinal cord compression and motor neuron diseases.
Peripheral nerve diseases, such as polyneuritis, peripheral nerve injury, ineffective treatment, and inability to take care of themselves.
Nine, frequent attacks, accompanied by mental disorders.
Ten, diabetes complicated with heart, brain, kidney disease or serious secondary infection.
Eleven, collagen diseases caused by organ dysfunction, treatment is ineffective, such as systemic lupus erythematosus, dermatomyositis, nodular arteritis, etc.
Twelve, endocrine gland diseases, it is difficult to cure, to lose the ability to work, such as pituitary adenoma, acromegaly, diabetes insipidus, Cushing's syndrome, primary aldosteronism, pheochromocytoma, hyperthyroidism, hypothyroidism, hyperparathyroidism.
Thirteen, leukemia, aplastic anemia.
Fourteen, parasitic diseases invade lung, brain, liver and other important organs, causing secondary damage, life can not take care of themselves. Parasitic diseases include cysticercosis, paragonimiasis, clonorchiasis, filariasis and schistosomiasis.
Fifteen, the heart, liver and other important organs are damaged or left with serious dysfunction, and after surgical treatment of various important organs, they are left with serious dysfunction and lose their ability to work.
Sixteen, digestive organs and abdominal surgery have serious complications, such as severe adhesive intestinal obstruction, recurrent attacks, should not be cured.
Seventeen, lung, kidney, adrenal gland and other organs on one side of the resection, the other side still has lesions or obvious dysfunction.
Eighteen, serious pelvic fracture combined with urethral injury, after treatment, there is intra-articular motor dysfunction, or long-term incurable urethral stricture and urinary tract infection.
19. After the treatment of brain and spinal cord injury, the patient developed dementia, aphasia (including severe aphasia), paraplegia, or loss of limb function, unable to control urination and defecation, and the function was difficult to recover.
Twenty, double upper limbs, double lower limbs, an upper limb and a lower limb amputation or loss of function due to injury, unable to recover.
Amputation means that the upper limb is above the wrist joint and the lower limb is above the ankle joint.
Loss of function refers to rigidity, deformity and muscular atrophy of limbs. The upper limbs must reach the point where the hands can't lift things, and the lower limbs must reach the point where the feet can't bear loads.
Twenty-one, hands completely disabled or injured, resulting in more than six fingers defect. More than half of the six defective fingers were severed at the metacarpophalangeal joints, which must include the complete loss of thumb.
Twenty-two, more than two major joints (refers to the shoulder, knee, elbow, hip) due to injury and stiffness, no improvement after treatment, equivalent to the degree of loss of function of both lower limbs or both upper limbs or one upper limb and one lower limb, and the spinal cord function is completely lost.
Twenty-three, all kinds of malignant tumors have not improved after treatment.
Twenty-four, other kinds of tumors, seriously affect the body function and can not be completely treated, or the whole body is in poor condition, the tumor is too large, the tumor has serious adhesion with the main organs and other reasons and can not be operated or have serious sequelae.
Other types of tumors refer to all kinds of benign tumors or tumors whose nature is temporarily difficult to determine.
Thyroid tumor, thymoma, bronchial cyst, mediastinal tumor and other tumors that cannot be completely treated oppress and promote organs, affecting respiratory and circulatory functions.
Serious sequelae include epilepsy, hemiplegia, paraplegia, stomach flaccidity, urine flaccidity and so on.
Twenty-five, traumatic blindness or near blindness (refers to the binocular vision within one meter). The imbalance caused by inner ear injury or disease cannot be recovered after treatment.
Twenty-six. Maxillary and mandibular injuries, slurred speech after treatment, and serious chewing disorder exist at the same time.
Twenty-seven, professional prevention and control institutions (provincial and municipal occupational disease prevention and control institutions) to determine the second and third stage of silicosis, coal silicosis, asbestos; After treatment of various occupational toxic lung diseases and other occupational diseases, there are quadriplegia, epilepsy, aphasia, dementia, blindness, psychosis and so on. And the main organs were seriously damaged by occupational radiation sickness.
Occupational poisoning refers to occupational diseases caused by exposure to industrial and agricultural poisons under production conditions.
Twenty-eight, suffering from more than two diseases at the same time, one of which must be close to the degree of the above diseases.
Twenty-nine years old, HIV positive.
Thirty, other diseases that need medical parole.
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