Judicial Administration
Community correction management
Updated: Dec 18, 2018
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V. Legal basis of community correction
On 25 Feb, 2011, the 8th Amendment to the Criminal Law was adopted at the 19th National People’s Congress. The second paragraph of article 38 in the Criminal Law provides: “Criminals sentenced to control shall be subject to community correction pursuant to the law.”
Article 76 provides that："A convict on probation shall be subject to community correction during probation, and if none of the circumstances as set out in Article 77 of this Law occurs, the original sentence shall no longer be executed upon expiration of probation, which shall be announced to the public.”
Article 85 provides that:" A convict released on parole shall be subject to community correction during parole according to law, and if none of the circumstances as set out in Article 86 of this Law occurs, the original sentence shall be deemed to have been fully served upon expiration of parole, which shall be announced to the public.”
On January 10, 2012, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly promulgated “the Measures for the Implementation of Community Corrections”, which came into effect on March 1.
Article 2, paragraph 1 of the Measures for Implementation stipulates that "administrative organs of justice shall be responsible for guiding, managing and organizing the implementation of community correction ".
Article 3, paragraph 1 provides that: "Community correction institutions under administrative organs of justice at the county level shall supervise, manage, educate and assist persons subject to community correction. Justice offices shall undertake routine work on community correction."
On 14 March, 2012, the fifth Session of the eleventh National People 's Congress examined and approved the "Decision on Amending the Criminal Procedure Law of the People's Republic of China".
According to Article 258 of the Criminal Procedure Law, “When a criminal is sentenced to public surveillance, gets suspended sentence, is on parole or temporarily serves his/her sentence outside prison, the criminal shall, in accordance with the law, be subject to community correction carried out by a community correction organization.”
VI. Major functions of Community Correction Administration Bureau of the Ministry of Justice
On 5 January, 2012, the Community Correction Administration Bureau was approved to be established by the State Commission Office for Public Sector Reform (SCOPSR). Its main functions include:
(1) supervising and inspecting the implementation of laws, regulations and policies on community correction;
(2) planning the development of national community correction, management system and related policies and organizing the implementation;
(3) supervising and managing work of implementing penalty on community prisoners, education management and helping work;
(4) guiding the social work and volunteer service of community correction.
