Case Concerning Parole Supervision of Prisoner Xiang X
(SPP Guiding Case No. 195)
Key words
Big data-based supervision model; Discovery of clues; Quantitative assessment of recidivism risk indicators; give priority to the application of parole; "Stationed + Circuit" prosecutorial mechanism
Summary
In handling parole supervision cases, the people's procuratorates may fully utilize big data and other means in the review process. For cases where a prisoner is eligible for both commutation and parole, but the prison fails to give priority to recommending parole, the people's procuratorates shall supervise the prison to make such a recommendation in accordance with the law. The "risk of recidivism" may be quantitatively assessed through specific indicators to enhance objectivity and scientific rigor in decision-making. The quantitative assessment of a prisoner's risk of recidivism should be evidence-based, thereby improving the substantive review of parole supervision cases. The people's procuratorates should give full play to the advantages of the "stationed + circuit" procuratorial mechanism, make effective use of the outcomes of circuit inspections, and promote the proper application of the parole system by adopting a model of "circuit-based identification and stationed-office follow-up" in accordance with the law.
Relevant provisions
Articles 81 and 82 of the Criminal Law of the People's Republic of China
Article 636 of the Rules of Criminal Procedure for the People's Procuratorates
Articles 22, 25, and 26 of the Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases
Article 14 of the Provisions on the Circuit Procuratorial Work of the People's Procuratorates
Article 3 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorates, the Ministry of Public Security, and the Ministry of Justice on Strengthening the Substantive Adjudication of Commutation and Parole Cases
