Case Concerning Parole Supervision of Prisoner Liu XX
(SPP Guiding Case No. 197)
Key words
Entity crime; Parole of directly responsible persons in charge; Performance of property-related judgment obligations; Investigation and verification; Public hearing
Summary
In handling parole supervision cases involving prisoners of entity crimes, the people's procuratorates shall separately examine the performance of property-related judgment obligations by both the individual prisoner and the implicated entity. Where the individual prisoner has fully performed all personal property-related judgment obligations, and any failure or incomplete performance of the entity's property-related judgment obligations cannot be attributed to the prisoner's personal fault, this generally does not affect the prisoner's eligibility for parole. In addition to substantively reviewing factors such as the original sentence, the circumstances of the crime, and the prisoner's conduct during the execution of the sentence, the people's procuratorates shall focus on the investigation and verification of the actual impact of the prisoner's parole on the performance of the entity's property-related judgment obligations, thereby achieving an organic unity of the "three effects" in the handling of parole cases.
Relevant provisions
Articles 81 and 82 of the Criminal Law of the People's Republic of China
Articles 22 and 23 of the Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases
Articles 6 and 9 of the Provisions on the Handling of Commutation and Parole Cases by the People's Procuratorates
