Discussion on the rationality of applying parole pre-procedure to commutation as life imprisonment

Discussion on the rationality of applying parole to life imprisonment

Summary: Parole is a penalty execution system that is released in advance with additional conditions. Release: a system that relieves criminals who have been arrested, detained or sentenced to a certain penalty. Life imprisonment refers to a penalty method that deprives criminals of their life freedom and implements compulsory labor and education reform. It is an indefinite penalty. If there is release on parole, then the released penalty must be limited in theory. It is hard to imagine that a penalty that was not limited in theory was announced to be released without any other procedure. If there is, then such release is also illegal, at least an act that is not in line with procedural norms. Parole applies to a limited penalty and life imprisonment is unlimited in theory. In my opinion, it is particularly necessary to discuss the rationality of applying parole to life imprisonment when there is a contradiction between the limited application conditions of parole and the indefinite theory of life imprisonment!

Keywords: life imprisonment, commutation, parole, rationality.

The traditional (and mainstream) view of the object of parole is that all criminals sentenced to fixed-term imprisonment or life imprisonment have the possibility of application. The concept of parole in related works is identified as follows: parole in our criminal law refers to criminals sentenced to fixed-term imprisonment or life imprisonment who do not repent after executing a certain sentence. Criminal law > Article 81, paragraph 1: Criminals sentenced to fixed-term imprisonment have executed more than half of the original criminal law, and criminals sentenced to life imprisonment have actually executed the original sentence for more than 1 years. If they earnestly abide by the prison regulations, receive education and reform, and do show repentance, they can be released on parole if they will not endanger the society after parole. Judging from the appeal law and authoritative works, There is no doubt that life imprisonment can be directly applied to parole. As for the truth of this mainstream view, it seems that people have not questioned it.

This is the definition of applying parole to life imprisonment in criminal law.

Here, life imprisonment is divided into three aspects to be discussed respectively.

First, life imprisonment is sentenced for serious violent crimes, and parole is not allowed.

But we can't deny that < Criminal law > Article 81, paragraph 2: Clearly stipulate two exceptions to the application of parole: recidivists and criminals sentenced to fixed-term imprisonment of more than 1 years for violent crimes such as murder, explosion, robbery, rape and kidnapping are not allowed to be released on parole, so that we can directly and clearly exclude criminals sentenced to life imprisonment for violent crimes such as murder, explosion, robbery, rape and kidnapping from the application of parole. Then we should further discuss whether parole can be applied to crimes sentenced to life imprisonment except for appealing violent crimes.

Secondly, we should discuss it according to the execution results of life imprisonment.

There are two execution results: firstly, the criminals do not plead guilty and repent, and they do serve their lives in prison. (Although it is rare, it cannot be ruled out that this is the true form and significance of life imprisonment.) Because the criminals do not plead guilty and repent, Of course, there will be no legal circumstances necessary for applying parole, such as earnestly observing prison regulations, receiving education and reform, and indeed showing repentance, and there will be no guarantee that it will no longer endanger society, so this kind of life imprisonment cannot be applied to parole. Second, it is that criminals have indeed shown repentance or rendered meritorious service and have been reduced to fixed-term imprisonment. So what we will finally discuss is this kind of life imprisonment for non-violent crimes and earnestly abide by prison regulations in execution. The question of whether parole can be applied to crimes that do show repentance.

As mentioned earlier, the following is a discussion on the following two aspects: one is to explore the contradiction between parole and life imprisonment from the original intention of parole. We know that parole is a penalty execution system with conditional early release. Release: it is for arrest and criminal detention. The system for criminals who have been sentenced to a certain penalty to lift the penalty (1). If there is release, then the released penalty must be limited in theory. (It is hard for us to imagine that a penalty with no time limit in theory was announced to be released without any other procedures. If it exists, I think such release is also illegal, at least an act that is not in line with procedural norms.) In this case, it seems to be a self-evident necessity that parole can only be applied to a penalty with a time limit. Life imprisonment: refers to depriving criminals of their life freedom. (2) Although the concept of life imprisonment is not directly defined in the criminal law, according to our daily life experience and the works of authoritative experts in pre-litigation, we have reason to believe that life imprisonment is a kind of indefinite punishment that deprives criminals of their life freedom. Parole is a time-limited punishment, but life imprisonment is theoretically indefinite. When there is a contradiction between the limitation of the applicable conditions of parole and the theoretical indefinite term of life imprisonment, what reason do we have to firmly believe that life imprisonment can be directly applied to parole? < P > Secondly, from the actual judicial practice and the handling of life imprisonment crimes in reality, if it is recognized that life imprisonment can be applied to parole, the sentencing of life imprisonment is tantamount to 1 or 2 years of fixed-term imprisonment in execution practice, which will make it lose the severity of its means. It affects the function of punishment against crimes. It is unnecessary to worry that the exclusion of parole from life-long free punishment will lead to the prisoner's abandonment. Because life-long free punishment has been commuted, the Amnesty system can be applied, so it is advocated that the declaration of life imprisonment should belong to the field of commutation and Amnesty (Chen Xingliang < On criminal law > Lunch Public Security University Press, 1997, p. 188). _ Before parole is applied, it is necessary to reduce the sentence to a fixed-term imprisonment, and then decide whether to apply parole according to the performance after commutation, instead of directly applying parole to life-imprisonment prisoners. Interestingly, although the criminal law of mainland China affirms that life-imprisonment prisoners are also the object of parole application, in practice, most life-imprisonment prisoners are commuted to fixed-term imprisonment by the court. Research on China Criminal Law > China Renmin University Press, 1988, pp. 39-31) Does it not just prove the fact that parole cannot be directly applied to life imprisonment, but can only be applied to commutation and reduction to fixed-term imprisonment? From this, we can easily see that a proper way to apply parole to life imprisonment is commutation, which is reduced to fixed-term imprisonment first. We can draw a conclusion that commutation is the pre-procedure and prerequisite for applying parole to life imprisonment! Furthermore, we can say that parole cannot be directly applied to life imprisonment.

Based on the comprehensive analysis of the application of parole to three kinds of life imprisonment and the discussion on the application of parole to life imprisonment sentenced for non-violent sexual crimes, we have reason to believe that life imprisonment cannot be directly applied to parole and cannot be directly adjusted as an object of parole. Life imprisonment can only be applied to parole as a fixed-term imprisonment after being reduced. Therefore, commutation is a future for life imprisonment to be applied to parole, and it should be clearly stipulated in the law as a pre-procedure. Today, with the deepening of the legal system, any improper procedure will inevitably lead to people's doubts about its results (even if the results are just), and any improper procedure will lead to an embarrassing situation in which jurisprudence is in an unreasonable position.