Case Concerning Parole Supervision of Prisoner Zou XX
(SPP Guiding Case No. 198)
Key words
Term requirement for parole; Execution of one-half of the original sentence; Pretrial detention; Sentence credit
Summary
The people's procuratorates shall accurately ascertain the term requirement for parole. For prisoners sentenced to fixed-term imprisonment, the requirement of having "served more than one-half of the original sentence" shall include both the term served in prison and any pretrial detention period before the execution of the judgment. Through the handling of individual cases, emphasis should be placed on prompting judicial administrative organs to timely adjust regulations that are inconsistent with statutory provisions and legislative intent, thereby ensuring the uniform and correct application of the law.
Relevant provisions
Articles 47, 81, and 82 of the Criminal Law of the People's Republic of China
Articles 23 and 40 of the Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases
