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Legal time conditions for executing punishment

Parole is only applicable to criminals who have served part of their sentences. According to Article 8 1 of China's Criminal Law and related judicial interpretations, parole can only be applied to criminals sentenced to fixed-term imprisonment, criminals sentenced to life imprisonment for more than half of the original sentence, and criminals sentenced to life imprisonment for more than 10 years. For criminals whose life imprisonment has been reduced to fixed-term imprisonment, they should still be sentenced to life imprisonment 10 years or more before parole can be applied. Criminals sentenced to fixed-term imprisonment shall be released on parole, and the starting time of executing the original sentence above 1/2 shall be counted from the date of detention.

In order to make the application of parole system flexible, Article 8 1 of China's Criminal Law also stipulates that under special circumstances, with the approval of the Supreme People's Court, it may be exempted from the above-mentioned execution period. According to the relevant judicial interpretation, "special circumstances" should include the following situations: (1) The prisoner has made major inventions or made outstanding contributions during his sentence; (2) The prisoner has basically lost the ability to act, shows repentance, and will not endanger society after parole; (3) The prisoner has special skills that are urgently needed by the relevant units; (4) If a prisoner's family has special difficulties and needs personal care and requests parole, in judicial practice, the public security organ at or above the county level or the relevant department of the people's government shall provide proof. Except for first-time offenders, recidivists and criminals with particularly serious crimes committed by criminal groups; (5) In order to further implement the Law on the Protection of Minors and implement the policy of education, probation and salvation for juvenile offenders, the minor who committed the crime did show repentance during the execution of the penalty and no longer endangered the society; (6) In order to meet the needs of political struggle, parole should be applied to some criminals who have foreign nationality or do not belong to the mainland; (7) Other special circumstances.

Parole does not apply.

Recidivists and criminals sentenced to fixed-term imprisonment 10 years or more or life imprisonment for violent crimes such as murder, explosion, robbery, rape and kidnapping shall not be released on parole. (1) No matter what kind of punishment or prison term is imposed on criminals, they are not allowed to be released on parole. (2) Criminals who commit violent crimes such as murder, explosion, robbery, rape and kidnapping and are sentenced to fixed-term imprisonment of 10 years or life imprisonment shall not be released on parole. In addition to the above-mentioned crimes, "violent crimes" also include other crimes that exercise tangible power over people, such as injury, armed rebellion, armed riot, hijacking of aircraft, etc. (3) A violent sex offender sentenced to fixed-term imprisonment of more than 10 years or life imprisonment may not be released on parole even if his sentence is less than 10 years after commutation.

In addition, the law provides strict judicial procedures for the application of parole, and parole may not be granted without legal procedures. According to Article 82 of the Criminal Law, if a prisoner is released on parole, the executing organ shall submit a proposal for parole to the people's court at or above the intermediate level, and the people's court shall form a collegial panel for trial. Those who meet the conditions for parole shall be granted parole.