How to accept community judicial correction

Applicable to the registration and reception of community correction objects:

Basic process:

1, delivery and receipt

Community correction personnel should accept community correction in their place of residence. If the place of residence cannot be determined, community correction shall be accepted at the place where the household registration is located.

People's courts, people's procuratorates, public security organs, judicial administrative organs and prisons shall, in accordance with the provisions of the Interim Measures for the Assessment of Community Impact of Community Correction in Anhui Province, carry out community impact investigation and assessment.

The people's court shall, within 10 days after the judgment takes effect, inform the criminal sentenced to public surveillance or probation in writing of the consequences of reporting to the judicial administrative organ of the county (city, district) where he lives, and the criminal himself shall sign the notice.

The people's court shall, within three working days from the effective date of the judgment, send personnel or send them to the judicial administrative organ of the county (city, district) by express mail, and send a copy of the criminal judgment and the ruling to the people's procuratorate at the county level and the public security organ at the criminal's place of residence.

2. Corrective implementation

The judicial office shall establish a correction team for community corrections personnel within three working days after they receive community corrections. Sign a correction responsibility letter with the correction team, and notify the community correction personnel to go to the judicial office to announce the start of community correction within the specified time. Within five working days after the implementation of the announcement, a correction plan shall be formulated for community corrections personnel, and the community corrections personnel shall be managed at different levels. Management level is divided into strict management, general management and slack management.

The judicial office shall, according to the personal life and work situation of community corrections personnel and the actual situation of the community where they live, take targeted measures such as on-site inspection, communication and information verification to keep abreast of the activities and related information of community corrections personnel. We should regularly visit the families, units, schools and residential communities of community corrections personnel to understand and verify their ideological trends and realistic performance, and make records.

If the judicial office finds that the community correction personnel are out of supervision, it shall immediately contact the members of the community correction team and the family members of the community correction personnel to understand the whereabouts of the community correction personnel and report in writing to the judicial administrative organ of the county (city, district). After receiving the report, the judicial administrative organ of the county (city, district) shall immediately organize the tracing. Request the public security organ to assist in tracing in writing and notify the people's procuratorate at the same level.

Community corrections personnel shall participate in education and study for not less than eight hours every month. Community corrections personnel shall participate in community service for not less than eight hours every month.

3. Penalty, imprisonment and commutation

If the judicial office finds that community corrections personnel violate the supervision and management regulations or the people's court's ban, it shall immediately assign two or more staff members to investigate and verify the situation, collect relevant certification materials, make transcripts and put forward handling opinions.

Community corrections personnel in any of the following circumstances, proposed by the judicial office; The county (city, district) judicial administrative organ shall give a warning and make a written decision:

(1) Failing to report within the prescribed time;

(two) in violation of the provisions of the report, reception, go out and change of residence;

(three) do not participate in education, community service and other activities in accordance with the provisions, and still do not correct after education;

(4) The community correction personnel who are released on medical parole fail to submit the condition review on time without justifiable reasons, or engage in social activities other than medical treatment without approval, and still fail to make corrections after education;

(five) in violation of the prohibition of the people's court, the circumstances are minor;

(six) other violations of the provisions of supervision and management.

If community corrections personnel violate the supervision and management regulations or the people's court's injunction and should be given administrative penalties for public security according to law, the judicial administrative organ of the county (city, district) shall promptly put forward suggestions on administrative penalties for public security to the public security organ with supporting materials. The public security organ shall make a decision within the statutory time limit and notify the judicial administrative organ of the county (city, district) of the result.

If a community correctional officer who has been declared suspended or paroled is under any of the following circumstances, the judicial administrative organ at the same level in his place of residence may propose to the people's court that made the original judgment or ruling to revoke the suspended or paroled sentence and attach relevant supporting materials, and the people's court shall make a ruling according to law within one month from the date of receipt:

(a) in violation of the prohibition order of the people's court, and the circumstances are serious;

(2) Failing to report on time or being out of supervision for more than one month during the period of community correction;

(three) due to violation of the provisions of supervision and management by the public security administration punishment, still not correct;

(4) Failing to make corrections after being warned three times by the judicial administrative organ;

(five) other violations of relevant laws, administrative regulations and supervision and management regulations, and the circumstances are serious.

Under any of the following circumstances, the judicial administrative organ of the county (city, district) where the community correction personnel are temporarily executed outside prison shall put forward suggestions for execution outside prison and attach relevant supporting materials to the approving decision-making organ, which shall make a decision according to law within 15 days from the date of receipt:

(a) found that does not meet the conditions for temporary execution outside prison;

(2) Leaving a county (city) or a city divided into districts without the approval of the judicial administrative organ, refusing to correct after being warned, or refusing to report his whereabouts out of supervision;

(three) due to violation of the provisions of supervision and management by the public security administration punishment, still not correct;

(4) Failing to make corrections after being warned twice by the judicial administrative organ;

(5) Failing to report my physical condition and submit my condition review according to the regulations during the period of medical release, and refusing to correct after being warned;

(6) After the temporary execution outside prison disappears, the sentence has not expired;

(seven) the guarantor loses the guarantee conditions or is disqualified for failing to perform his obligations, and cannot propose a new guarantor within the prescribed time limit;

(eight) other violations of relevant laws, administrative regulations and supervision and management regulations, and the circumstances are serious.

If the community correction personnel meet the statutory conditions for commutation, the judicial administrative organ of the county (city, district) shall put forward a proposal for commutation and attach relevant supporting materials, and the municipal judicial administrative organ of the district shall review it within three working days, and submit it to the people's court for ruling after examination and consent. The people's court shall make a ruling according to law within one month from the date of receipt; If the case is complex or special, the commutation of the sentence of the criminal who is temporarily executed outside prison may be extended by one month.

4. Rectification, dissolution and termination

Community correction personnel shall make a personal summary 30 days before the expiration of community correction, and the judicial office shall make a written appraisal according to their performance, assessment results and community opinions during the period of accepting community correction, and make suggestions on their placement and assistance.

If the term of imprisonment of community corrections personnel temporarily executed outside prison expires, the judicial office shall notify the community corrections personnel to go to the prison or detention center to go through the formalities of getting out of prison on schedule.

On the day when the correction of community corrections personnel expires, the judicial office shall organize the cancellation of the community correction announcement. The declaration of community correction shall be carried out in accordance with the following procedures:

(a) announced to participate in the announcement of the units and personnel;

(two) read the written appraisal opinions of community corrections personnel;

(3) Announcing the expiration of the period of community correction and lifting the community correction according to law: announcing the expiration of the execution period and lifting the control for those sentenced to public surveillance; If a suspended sentence is declared, the probation period of the suspended sentence expires and the original sentence will not be executed; If parole is ruled, the probation period of probation is declared to have expired and the original sentence has been executed;

(four) the community correction certificate issued by the judicial administrative organ of the county (city, district).

Luoerling Town Office of Justice Tel: 0564-5566258