Case Concerning Parole Supervision of Prisoner Tang X
(SPP Guiding Case No. 199)
Key words
Drug crime; False supporting documents; genuine remorse; Ineligibility for parole
Summary
The people's procuratorates shall strengthen the examination and supervision of parole eligibility for prisoners with a high risk of recidivism, such as drug offenders. A thorough investigation and verification should be conducted, with an emphasis on substantive review, to accurately determine whether a prisoner involved in drug-related crimes demonstrates genuine remorse and whether there is a risk of recidivism. If a prisoner obtains false supporting documents through improper means in an attempt to secure parole, this demonstrates a lack of sincere repentance and precludes a finding of genuine remorse. During the handling of parole supervision cases, any discovered clues of disciplinary violations or illegal conduct shall be referred to the relevant authorities in accordance with the law, thereby extending the effect of supervision.
Relevant provisions
Articles 81 and 82 of the Criminal Law of the People's Republic of China
Article 276 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 3 (2) and 22 of the Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases
Article 3 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Strengthening the Substantive Adjudication of Commutation and Parole Cases
