Criminal execution of community correction

If the defendant in a criminal case is sentenced to probation, the court will announce the verdict. After the verdict is pronounced, the defendant does not appeal within ten days, and the procuratorate does not protest, and the judgment becomes effective. After the judgment comes into effect, the court will deliver the notice of execution to the community correction institution in the defendant's residence, and the community correction institution will carry out community correction on the defendant during the probation period. Article 258 of the Criminal Procedure Law If a criminal sentenced to public surveillance, probation, parole or temporary execution outside prison should be subjected to community correction according to law, the community correction institution shall be responsible for the execution. Measures for the Implementation of Community Correction by the Ministry of Justice of the Supreme People's Court and the Supreme People's Procuratorate (Sfa Tong [20 12]No. 12). Promulgated on 20 12, 10/0, and effective as of March 12) Article 1 is to standardize the implementation of community correction according to law. 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, ruling or decision on defendants and criminals who meet the applicable conditions of community correction according to law. The people's procuratorate shall exercise legal supervision over all law enforcement links of community correction according to law. The public security organ shall promptly deal with community corrections personnel who commit crimes again in violation of public security regulations. Article 3 Community correction institutions of judicial administrative organs at the county level shall supervise, manage, educate and help community correction personnel. The judicial office undertakes the daily work of community correction. Social workers and volunteers participate in community correction work under the guidance of community correction institutions. Relevant departments, village (neighborhood) committees, units where community corrections personnel work, schools, family members or guardians, guarantors, etc. Assist community correction institutions to carry out community correction work. Article 4 People's courts, people's procuratorates, public security organs and prisons may entrust county-level judicial administrative organs to investigate and evaluate defendants and criminals who intend to apply community correction. The entrusted judicial administrative organ shall, according to the requirements of the entrusting organ, investigate and understand the residence, family and social relations, consistent performance, consequences and influence of criminal acts, opinions of village (neighborhood) committees and victims, and prohibited matters of the defendant or criminal, form an evaluation opinion, and submit it to the entrusting organ in time. Article 5 People's courts, public security organs and prisons shall verify the residence of criminals who have received community correction, and inform them in writing of the time limit for reporting to the judicial administrative organ at the county level where they live and the consequences of overdue reporting when sentencing them or before leaving prison, and inform the judicial administrative organ at the county level where they live; Within three working days after the judgment or ruling takes effect, it shall be served with legal documents such as the copy of the judgment, ruling, decision, notice of execution and parole certificate, and copied to the people's procuratorate at the county level and the public security organ. After receiving the legal documents, the judicial administrative organ at the county level shall serve the receipt within three working days. Article 6 Community corrections personnel shall report to the judicial administrative organ at the county level where they live within 10 days from the effective date of the judgment or ruling of the people's court or from the date of leaving prison. The judicial administrative organ at the county level shall handle the registration and reception formalities for it in time, and inform it to accept community correction at the designated judicial office within three days. If it is found that community corrections personnel fail to report at the prescribed time, the judicial administrative organ at the county level shall promptly organize the search and notify the decision-making organ. Community corrections personnel who are temporarily executed outside prison shall be escorted to their place of residence by the prison or detention center where they are delivered for execution, and shall go through the handover procedures with the judicial administrative organ at the county level. Where a prisoner's place of imprisonment and 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 administrative organ and the prison administrative organ of the public security organ where the prison is located shall notify the prison administrative organ at the same level and the prison administrative organ of the public security organ in writing, designate a prison or detention center to receive the prisoner's file, and go through the formalities for the prisoner's admission and release. If the people's court decides to temporarily execute the sentence outside prison, it shall notify the judicial administrative organ at the county level of the place of residence to send personnel to appear in court to handle the handover procedures.

Legal objectivity:

Article 72 of the Criminal Law of People's Republic of China (PRC) A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time, and suspended for people under the age of 18, pregnant women and people who have reached the age of 75: (1) The circumstances of the crime are relatively minor; (2) showing repentance; (3) There is no danger of committing a crime again; (four) the announcement of probation has no significant adverse effects on the community where he lives.