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Prison Law of China (2012)

监狱法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 26, 2012

Effective date Jan 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Criminal Law Judicial System

Editor(s) C. J. Observer

The Prison Law was promulgated in 1994 and amended in 2012.The latest revision entered into force on January 1, 2013.

There are 78 articles in total.

The key points are as follows:

1.Criminal punishments of prisoners sentenced to death with a two-year suspension of execution, life imprisonment, or fixed-term imprisonment shall be executed in prisons.

2.A prison shall, with regard to prisoners, implement the principle of combining punishment with reform and combining education with labor, in order to transform them into law-abiding citizens.

3.The department of judicial administration under the State Council shall be in charge of the work of prisons in the whole country. The procuratorate shall exercise supervision in accordance with the law over the legality of activities conducted by prisons in execution of criminal punishments.

4.A prison shall install one warden. The administrative personnel in a prison are the policemen.

5.A criminal may not bring his or her child with him or her to serve sentence in prison.

6.If a prisoner sentenced to life imprisonment or fixed-term imprisonment serving his sentence in prison complies with the conditions for execution outside prison as provided by the Criminal Procedure Law, he may be permitted to temporarily serve his sentence outside prison.

7.If a prisoner sentenced to life imprisonment or fixed-term imprisonment has shown true repentance or rendered meritorious service during the term of imprisonment, his sentence may be commuted on the basis of the result of the assessment made by the prison. If a prisoner has rendered one of the particular major meritorious services, his sentence shall be commuted.

8.With respect to a person released after serving his sentence, the local government shall assist him in resettling down. A person released after serving his sentence shall enjoy equal rights with other citizens.

9.A prison shall practice separate custody and separate control with respect to male adult prisoners, female adult prisoners and juvenile delinquents. In respect of the reform of juvenile delinquents and female prisoners, special consideration shall be given to their physiological and psychological characteristics.

10.The focus in the execution of criminal punishments on juvenile delinquents shall be on education and reform.

11.A prisoner may, during the service of his sentence, correspond with others, but their correspondence shall be examined by the prison. A prisoner may meet with his relatives and guardians during the service of his sentence.(47+48)

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