[Direct answer]According to Article 81 of the Criminal Law (implemented on October 1, 1997 and amended by the Criminal Law Amendment (VIII) and implemented on May 1, 2011), parole must meet three conditions simultaneously: First, the term of imprisonment condition. Those sentenced to fixed-term imprisonment must have served more than half of the original term, and those sentenced to life imprisonment must have actually served more than 13 years; Second, the substantive condition. They must earnestly abide by prison rules, accept education and reform, and demonstrate true repentance with no risk of reoffending; Third, the exclusionary condition. Repeat offenders and those sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, or the release of dangerous substances, or organized violent crimes, are not eligible for parole. Parole shall be proposed by the executing organ to the people's courts at the intermediate level or above, and the decision shall be made after the collegial panel formed in accordance with Articles 79 and 82 conducts a trial. For more details, please refer to the relevant provisions of the Criminal Law.Criminal defense and legal services for criminal case filingAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

The reduction of sentence and parole are the two most concerned issues for prisoners and their families, but many people confuse the two or have a limited understanding of the reporting conditions. Typical scenarios include: when the prison term is about to be half over, they want to apply for parole but are unclear about the scoring assessment and reporting requirements; they have not paid the fines or made restitution, and their repeated reports have not been approved; the family receives the prison's parole announcement, but does not know how long the follow-up process will take or what they can do; they worry that if their loved ones are paroled and make a mistake, they will be sent back to prison. Parole is not as simple as "early release", but a legal system with conditions and a probationary period, and both the conditions and procedures must be thoroughly understood.

II. Key points of contention

  • Determination of substantive conditions: If there are indeed signs of repentance and no risk of reoffending, it is necessary to comprehensively evaluate the individual's performance based on scoring assessments, administrative rewards, and educational reform programs. If the individual fails to fulfill property-related judgments such as fines, restitution, and civil compensation, this often directly affects the determination of their repentance, and it is one of the most common obstacles in practical application.
  • Calculation and deduction of the term of imprisonment: The term of imprisonment shall be calculated from the date of execution of the judgment. If the person was detained before the execution of the judgment, one day of detention shall be deducted from the term of imprisonment in accordance with Article 47 of the Criminal Law. The starting point and deduction method directly affect the "half-term" point. A calculation error may lead to a misjudgment of the reporting timing.
  • Procedure and supervision: Parole recommendations are made by executive agencies such as prisons, and the court convenes a collegial panel to review them and publicize them according to law. Families cannot directly apply for parole to the court. It's more effective to understand the process nodes and check the progress through formal channels than to inquire around everywhere.

III. Professional analysis by Henglue Lawyers

The practical observations of Henglue Law Firm in handling legal matters related to commutation of sentence and parole are as follows: 1. **Scoring evaluation is the threshold for parole**: Monthly scoring, commendations, and other reform performance results serve as the basis for reporting. Prisoners should participate in labor, study, and behavioral training as required from the early stages of incarceration and avoid violating rules to "accumulate demerits". 2. **Unpaid property-related penalties are the most common obstacle**: Courts often fail to recognize genuine repentance if fines, restitution, or incidental civil damages remain unpaid. Having family members pay the amounts and retain receipts significantly improves the evaluation. 3. **The process from prison recommendation to court approval typically takes months**: During this period, courts may hold hearings or review cases in writing. 4. **Community correction is mandatory after parole** (Article 85 of the Criminal Law), requiring compliance with supervision rules on reporting, visitor meetings, and relocation during the probation period. 5. **Common pitfalls for families**: Falling for scams involving "bribing officials" or "internal quotas" leads to financial losses and legal troubles; neglecting property-related penalties delays reporting; repeatedly urging release before eligibility criteria are met only increases anxiety. 6. **Important reminder**: Parole does not mean the sentence ends. Serious violations of laws or supervision rules during probation result in revocation and resumption of the unserved sentence; new crimes committed during probation trigger revocation and cumulative sentencing.

IV. Practical suggestions and legal basis

At the legal basis level: Article 81 of the Criminal Law stipulates the conditions of the term of imprisonment for parole, the substantive conditions, and the exclusionary circumstances that cannot be granted parole. In special circumstances, the Supreme People's Court may approve not being subject to the restriction of the term of imprisonment; Articles 79 and 82 stipulate that parole shall be handled in accordance with the procedure for commutation of sentence, and the executing organ shall submit a proposal to the intermediate or higher people's court, and the court shall form a collegial panel to review and make a ruling; Article 83 stipulates that the probation period for parole of fixed-term imprisonment is the term of imprisonment that has not been completed, and for life imprisonment, it is ten years; Article 85 stipulates that community correction shall be implemented according to law during the probation period; Article 86 stipulates three circumstances under which parole may be revoked. The "Regulations of the Supreme People's Court on the Specific Application of Law in Handling Cases of Commutation of Sentence and Parole" (implemented on January 1, 2017) refines "having truly repented" into four aspects: admitting guilt and repenting, observing prison rules and accepting education and transformation, actively participating in ideological, cultural, vocational and technical education, and actively participating in labor to complete production tasks. At the practical advice level: First, check whether the term of imprisonment has passed the halfway point and whether the crime belongs to the scope of prohibited parole; Supervise and keep the performance certificates of property-related judgment items; Pay attention to the scoring and evaluation of the prison area and the reporting and publicity; For property-related judgment items such as fines and compensation, it can be combined withCreditor-debtor relations and enforcement case servicesArrange the funding plan.

5. Henglue Law Firm's Reminder

The core of parole is the continuous proof that the offender "has truly repented and poses no risk of reoffending": they must accumulate enough assessment points, fulfill the property judgments, and comply with the supervision regulations. The three circumstances of revocation stipulated in Article 86 must be firmly remembered - committing a new crime, discovering an undisclosed crime, or seriously violating the supervision and management regulations. Any of these circumstances may result in the parole being reset to zero and the offender being sent back to prison. Once the probation period is completed, it is considered that the original sentence has been fully executed, and this will be publicly announced. If you need to evaluate the feasibility of parole, sort out the property judgments, or understand the policies on commutation of sentences and parole, you can do so throughSpecial services and other case servicesOrBeijing Henglu Law FirmFor advice, it's more reliable to go through official channels than to believe in rumors.

Q1: How many years of imprisonment are required to apply for parole?

The term of imprisonment with fixed-term shall be served for more than half of the original sentence, and the term of life imprisonment shall be actually served for more than 13 years; the term of imprisonment shall be calculated from the date of execution of the judgment. If the person is detained before the execution of the judgment, one day of detention shall be offset against one day of the term of imprisonment. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the term of imprisonment may not apply. It should be noted that the parole report is submitted by the prisons and other executing organs based on the assessment results, and it cannot be initiated by individual application. Prisoners should first meet the requirements of scoring assessment and reform performance. Families can inquire about the reporting conditions and batch arrangements from the punishment execution departments and make preparations in advance.

Q2: Which criminals are not eligible for parole according to the law?

There are two types of statutory prohibitions: first, recidivists; second, criminals who have been sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, or the release of dangerous substances, or for organized violent crimes. In addition, for those who have not actively returned the illegal proceeds or fulfilled the property-related sentencing requirements for such crimes as duty-related crimes and financial crimes, they are generally not considered to have shown genuine repentance according to the judicial interpretation on commutation of sentence and parole, and it is difficult for them to be approved. There are separate provisions for parole conditions after the death penalty with a reprieve is reduced to life imprisonment or fixed-term imprisonment, and they must actually serve the corresponding term. When assessing the feasibility, family members should first check the charges, sentence, and the fulfillment of the property-related sentencing requirements, and then determine whether they meet the basis for reporting the case.

Q3: How long is the probation period for parole, and what regulations must be followed during this period?

The probation period for parole of fixed-term imprisonment is the remaining term of imprisonment that has not been served, and the probation period for life imprisonment is ten years, calculated from the date of parole. During the probation period, community correction shall be implemented in accordance with the law, and the probationer shall abide by the supervision and management regulations such as reporting, receiving visitors, going out, and applying for approval for moving. Upon completion of the probation period, it shall be deemed that the original sentence has been served in full and be publicly announced. If the probationer seriously violates laws, administrative regulations, or supervision and management regulations during the probation period, the parole shall be revoked and the remaining term of imprisonment shall be served in prison. It is recommended that parolees maintain stable residences and jobs during the probation period, report regularly, and obtain approval for changes such as employment and relocation in advance, so as not to let the final probation period be ruined by details.

Q4: How long does it take from submitting a parole report to receiving a decision? What can family members do in the meantime?

On the procedural front, the prison assesses and scores the inmate's rehabilitation performance, and upon meeting the required conditions, submits a recommendation for parole to the intermediate or higher people's court. The court then convenes a collegial panel to review the case and makes a ruling after publicizing the decision in accordance with the law. The process typically takes several months from submission to ruling, with specific timelines varying depending on the batch arrangements of the prison. What family members can do: - Supervise and assist in fulfilling financial obligations such as fines and restitution, and retain payment receipts; - Cooperate in providing proof of supervision conditions after parole; - Inquire about the progress through official channels of the prison's punishment enforcement department. - Never fall for scams like "bribing officials to secure release," to avoid financial losses and secondary risks; - If dissatisfied with the ruling, seek explanations from the enforcement authority and, if necessary, seek legal assistance to evaluate next steps.

Q5: Will I be imprisoned if I violate the rules during my probation period?

Yes. According to Article 86 of the Criminal Law, if a criminal who has been granted parole commits a new crime during the probation period, the parole shall be revoked, a judgment shall be made for the new crime, and the unserved sentence for the previous crime and the sentence imposed for the new crime shall be punished jointly in accordance with Article 71; if a concealed crime is discovered, the punishment shall be imposed in accordance with Article 70; if the criminal violates the supervision and management provisions on parole stipulated by laws, administrative regulations or relevant departments of the State Council, and the circumstances are serious, the parole shall be revoked and the criminal shall be imprisoned to serve the unserved sentence. Parole is not the end of early release, but a probation period with conditions. Complying with the supervision and management provisions is the bottom line for maintaining the results of parole; if there are no such circumstances after the probation period expires, the original sentence shall be deemed to have been served in full.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm