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| Order of the Ministry of Public Security of the People's Republic of China | | 中华人民共和国公安部令 |
(Order No. 98) | |
（第98号） |
The Measures for the Administration of Convicts Retained at Detention Houses for Execution of Sentences, which were adopted at the minister's executive meeting of the Ministry of Public Security on February 14, 2008, are hereby issued, and shall become effective on July 1, 2008. | |
《看守所留所执行刑罚罪犯管理办法》已经2008年2月14日公安部部长办公会议通过，现予发布，自2008年7月1日起施行。 |
Minister of Public Security: Meng Jianzhu | |
公安部部长 孟建柱 |
February 29, 2008 | |
二〇〇八年二月二十九日 |
Measures for the Administration of Convicts Retained at Detention Houses for Execution of Sentences | |
看守所留所执行刑罚罪犯管理办法 |
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| Table of Contents | | 目 录 |
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| Chapter I General Provisions | | 第一章 总则 |
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| Chapter II Execution of Sentences | | 第二章 刑罚的执行 |
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| Section 1 Custody | | 第一节 收押 |
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| Section 2 Handling of Complaints, Accusations and Reports from Convicts | | 第二节 对罪犯申诉、控告、检举的处理 |
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| Section 3 Temporary Serving of Sentence outside Detention House | | 第三节 暂予监外执行 |
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| Section 4 Proposal for Commutation and Parole | | 第四节 减刑、假释的提请 |
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| Section 5 Release | | 第五节 释放 |
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| Chapter III Administration | | 第三章 管理 |
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| Section 1 Separate Custody and Administration | | 第一节 分押分管 |
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| Section 2 Meeting, Communication and Temporary Leaving of Detention House | | 第二节 会见、通讯、临时出所 |
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| Section 3 Living and Hygiene | | 第三节 生活、卫生 |
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| Section 4 Assessment, Commendation and Punishment | | 第四节 考核、奖惩 |
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| Chapter IV Education and Reform | | 第四章 教育改造 |
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| Chapter V Supplementary Provisions | | 第五章 附则 |
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| Chapter I General Provisions | | 第一章 总则 |
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| Article 1 To regulate the detention houses' administration of convicts retained at detention houses for execution of sentences and do a good job in the reform of convicts, these Measures have been made in accordance with the Criminal Procedure Law of the People's Republic of China, Prison Law of the People's Republic of China, Regulation on Detention Houses of the People's Republic of China and other relevant laws and regulations and in combination with the practice of execution of sentences by detention houses. | | 第一条 为了规范看守所对留所执行刑罚罪犯的管理，做好罪犯改造工作，根据《中华人民共和国刑事诉讼法》、《中华人民共和国监狱法》、《中华人民共和国看守所条例》等有关法律、法规，结合看守所执行刑罚的实际，制定本办法。 |
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| Article 2 For a convict sentenced to fixed-term imprisonment with the residual term of serving of sentence being less than one year before delivery for execution, the detention house shall instead execute the remaining sentence. | | 第二条 被判处有期徒刑的罪犯，在被交付执行前，剩余刑期在一年以下的，由看守所代为执行刑罚。 |
For a convict sentenced to criminal detention, the detention house shall execute the sentence. | |
被判处拘役的罪犯，由看守所执行刑罚。 |
For an underage convict, the remand home shall execute the sentence. | |
未成年犯，由未成年犯管教所执行刑罚。 |
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| Article 3 A detention house shall establish a special detention area or detention cells for incarcerating and administering convicts. The detention area and detention cells shall be established within the precinct of guard wall of the detention house. | | 第三条 看守所应当设置专门监区或者监室监管罪犯。监区和监室应当设在看守所警戒围墙内。 |
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| Article 4 The administration of convicts at a detention house shall adhere to the principle of combination of punishment and reform and combination of education and labor so as to transform the convicts into law-abiding citizens. | | 第四条 看守所管理罪犯应当坚持惩罚与改造相结合、教育和劳动相结合的原则，将罪犯改造为守法公民。 |
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| Article 5 The personality of convicts shall not be insulted, their personal safety and legal property shall not be violated, and a convict shall enjoy the rights of defense, complaint, accusation and report and other rights not legally deprived of or limited. | | 第五条 罪犯的人格不受侮辱，人身安全和合法财产不受侵犯，罪犯享有辩护、申诉、控告、检举以及其他未被依法剥夺或者限制的权利。 |
A convict shall comply with laws and regulations and rules on the administration of a detention house, obey administration, accept education and attend labor activities as provided for. | |
罪犯应当遵守法律、法规和看守所管理规定，服从管理，接受教育，按照规定参加劳动。 |
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| Article 6 A detention house shall protect the legal rights and interests of convicts, and provide necessary conditions for convicts to exercise their rights. | | 第六条 看守所应当保障罪犯的合法权益，为罪犯行使权利提供必要的条件。 |
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| Article 7 The activities of execution of a convict's sentence by a detention house shall be subject to the legal supervision of the people's procuratorate. | | 第七条 看守所对罪犯执行刑罚的活动依法接受人民检察院的法律监督。 |
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| Chapter II Execution of Sentences | | 第二章 刑罚的执行 |
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| Section 1 Custody | | 第一节 收押 |
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| Article 8 On the date of receiving a duplicate of the indictment of the people's procuratorate and the judgment, ruling, notice of execution and registration form for a closed case of the people's court, a detention house shall conduct the formalities for taking a convict into custody, complete a custody registration form with the basic information on a convict, and the date of taking the convict into custody, etc., and after this form is signed by the police, transfer the convict to the detention area or detention cells for convicts. | | 第八条 看守所在收到交付执行的人民法院送达的人民检察院起诉书副本和人民法院判决书、裁定书、执行通知书、结案登记表的当日，应当办理罪犯收押手续，填写收押登记表，载明罪犯基本情况、收押日期等，并由民警签字后，将罪犯转入罪犯监区或者监室。 |
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| Article 9 For a convict who is not taken into custody before sentencing but needs to be taken into custody for execution of sentence, a detention house shall take the convict into custody on the strength of the documents as listed in Article 8 of these Measures, and collect the information on all ten fingerprints of the convict. | | 第九条 对于判决前未被羁押，判决后需要羁押执行刑罚的罪犯，看守所应当凭本办法第八条所列文书收押，并采集罪犯十指指纹信息。 |
For a convict who has another crime found and needs to be taken into custody by the detention house at the case-filing place, the detention house at the case-filing place shall take the convict into custody on the strength of a detention warrant or a photocopy of the arrest warrant. | |
对于发现余罪的罪犯，需要将其羁押到立案地看守所的，立案地看守所凭拘留证、逮捕证复印件收押。 |
Where a non-local people's court hears a retrial case, which requires a convict to be temporarily taken into custody at a non-local detention house, the non-local detention house shall take the convict into custody on the strength of the litigation documents and certiorari formalities for instituting a criminal retrial. | |
对于人民法院异地再审开庭，需要将罪犯临时羁押在异地看守所的，异地看守所凭提起刑事再审的诉讼文书、提审手续收押。 |
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| Article 10 When a convict is taken into custody according to Article 9 of these Measures, a detention house shall examine the health and body and property safety of the convict. Things of the convict that are not living necessities shall be registered and kept for the convict by the detention house; and contrabands shall be forfeited. | | 第十条 按照本办法第九条收押罪犯时，看守所应当进行健康和人身、物品安全检查。对罪犯的非生活必需品，应当登记，代为保管；对违禁品，应当予以没收。 |
The body examination of a female convict shall be conducted by female police officers. | |
对女性罪犯的人身检查，由女性人民警察进行。 |
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| Article 11 When the formalities for taking a convict into custody are conducted, a convict file shall be established. The convict file shall be one file for one person, and be divided into principal file and accessory file. The principal file shall include the certificate of taking a convict into custody, decision on temporary serving of sentence outside a prison, ruling on commutation or parole, certificate of release and other legal documents; the accessory file shall include the registration form for taking a convict into custody and other administrative records on education by talks, convict assessment, commendation and punishment, disease treatment and property safekeeping registration. | | 第十一条 办理罪犯收押手续时应当建立罪犯档案。罪犯档案一人一档，分为正档和副档。正档包括收押凭证、暂予监外执行决定书、减刑、假释裁定书、释放证明书等法律文书；副档包括收押登记、谈话教育、罪犯考核、奖惩、疾病治疗、财物保管登记等管理记录。 |
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| Article 12 Within five days after taking a convict into custody, a detention house shall issue a notice to the family or guardian of the convict of the location of execution of the convict's sentence. For taking into custody a convict with a foreign nationality, a detention house shall file a report with the public security authority that it belongs to within 24 hours. | | 第十二条 收押罪犯后，看守所应当在五日内向罪犯家属或者监护人发出罪犯执行刑罚地点通知书。对收押的外国籍罪犯，应当在二十四小时内报告所属公安机关。 |
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| Section 2 Handling of Complaints, Accusations and Reports from Convicts | | 第二节 对罪犯申诉、控告、检举的处理 |
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| Article 13 Where a convict files a complaint about an effective judgment or ruling, a detention house shall timely forward the complaint materials to the people's procuratorate and the people's court that has made the effective judgment. A convict may also authorize his or her relative or lawyer to file a complaint. | | 第十三条 罪犯对已经发生法律效力的判决、裁定不服，提出申诉的，看守所应当及时将申诉材料转递给人民检察院和作出生效判决的人民法院。罪犯也可以委托其亲属或者律师提出申诉。 |
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| Article 14 A convict shall have the right to accuse and report legal violations and crimes. | | 第十四条 罪犯有权控告、检举违法犯罪行为。 |
A detention house shall establish an accusation and report mailbox to accept a convict's accusation and report materials. A convict may also directly file accusations and reports with the police. | |
看守所应当设置控告、检举信箱，接受罪犯的控告、检举材料。罪犯也可以直接向民警控告、检举。 |
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| Article 15 For the accusation and report materials submitted by a convict to a detention house, the detention house shall handle them within 15 days as of the date of receiving such materials; for the accusation and report materials submitted by a convict to the people's court or people's procuratorate, the detention house shall forward them within 5 days as of the date of receiving such materials. | | 第十五条 对罪犯向看守所提交的控告、检举材料，看守所应当自收到材料之日起十五日内作出处理；对罪犯向人民法院、人民检察院提交的控告、检举材料，看守所应当自收到材料之日起五日予以转送。 |
Where a detention house has handled an accusation or report or forwarded it to the relevant authority for handling, the detention house shall timely notify the convict who has signed the accusation or report of the relevant information or results of handling. | |
看守所对控告、检举作出处理或者转送有关部门处理的，应当及时将有关情况或者处理结果通知具名控告、检举的罪犯。 |
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| Article 16 Where a detention house finds that a judgment may be wrong in the course of execution of sentence, the detention house shall submit it to the people's procuratorate or the people's court for handling. | | 第十六条 看守所在执行刑罚过程中，发现判决可能有错误的，应当提请人民检察院或者人民法院处理。 |
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| Section 3 Temporary Serving of Sentence outside a Prison | | 第三节 暂予监外执行 |
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| Article 17 Where a convict meets the conditions for temporary serving of sentence outside a prison as set forth in the Criminal Procedure Law, the convict himself or herself or his or her family may file a written application with the detention house, and the police responsible for convict administration and education or doctor of the detention house may also offer a written opinion. | | 第十七条 罪犯符合刑事诉讼法规定的暂予监外执行条件的，本人或者其家属可以向看守所提出书面申请，管教民警或者看守所医生也可以提出书面意见。 |
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| Article 18 After receiving an application or opinion for temporary serving of sentence outside a prison, a detention house shall convene an executive meeting for discussions. If permission is made after the preliminary examination, it shall conduct an authentication of a convict's disease or inability to live alone or conduct a pregnancy checkup as the case may be, and if the preliminary examination is failed, the reasons shall be notified. | | 第十八条 看守所接到暂予监外执行申请或者意见后，应当召开所务会研究，初审同意后根据不同情形对罪犯进行病情鉴定、生活不能自理鉴定或者妊娠检查，未通过初审的，应当告知原因。 |
The executive meeting shall have written minutes signed by the attendees. | |
所务会应当有书面记录，并由与会人员签名。 |
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| Article 19 The authentication of a convict's disease for temporary serving of sentence outside a prison shall be conducted by a hospital designated by the provincial people's government; the pregnancy checkup shall be conducted by a hospital; the authentication of a convict's inability to live alone shall be conducted by an authentication panel comprising the detention house's division leaders, police responsible for convict administration and education and doctors and procuratorial personnel stationed at the detention house; for a female convict who is breast-feeding her own baby, a detention house shall notify the public security organ at the place of household registration or residence of the female convict to produce the relevant certificates. | | 第十九条 对暂予监外执行罪犯的病情鉴定，应当到省级人民政府指定的医院进行；妊娠检查，应当到医院进行；生活不能自理鉴定，由看守所分管所领导、管教民警、看守所医生、驻所检察人员等组成鉴定小组进行；对正在哺乳自己婴儿的妇女，看守所应当通知罪犯户籍所在地或者居住地的公安机关出具相关证明。 |
Inability to live alone shall mean that a person cannot get up, eat, walk, go to toilet, etc. all by himself or herself in everyday life due to sickness, disability or weakness for aging, and therefore must be aided by another person. | |
生活不能自理，是指因病、伤残或者年老体弱致使日常生活中起床、用餐、行走、如厕等不能自行进行，必须在他人协助下才能完成。 |
For a convict with self-inflicted injury or disability, no temporary serving of sentence outside a prison shall be permitted. | |
对于自伤自残的罪犯，不得暂予监外执行。 |
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| Article 20 Where it is necessary to permit a convict to receive medical treatment outside a prison with bail, the convict or his or her family shall propose a guarantor. The guarantor shall be examined and determined by the detention house. | | 第二十条 罪犯需要保外就医的，应当由罪犯或者罪犯家属提出保证人。保证人由看守所审查确定。 |
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| Article 21 A guarantor shall meet the following conditions: | | 第二十一条 保证人应当具备下列条件： |
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| 1. Agreeing to assume his or her obligations as a guarantor and having a full civil capacity; | | （一）愿意承担保证人义务，具有完全民事行为能力； |
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| 2. Suffering no restrictions of his or her personal freedom and enjoying political rights; | | （二）人身自由未受到限制，享有政治权利； |
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| 3. Having a fixed residence and income and having conditions to perform his or her obligations as a guarantor; and | | （三）有固定的住所和收入，有条件履行保证人义务； |
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| 4. Living together with the guaranteed person or living in the same jurisdiction of a public security at the county level as the guaranteed convict. | | （四）与被保证人共同居住或者居住在同一县级公安机关辖区。 |
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| Article 22 A guarantor shall sign a letter of guaranty for medical treatment outside a prison with bail. | | 第二十二条 保证人应当签署保外就医保证书。 |
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| Article 23 During the period of a convict's medical treatment outside a prison with bail, a guarantor shall perform the following obligations: | | 第二十三条 罪犯保外就医期间，保证人应当履行下列义务： |
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| 1. Overseeing that the guaranteed convict abides by the law and relevant provisions; | | （一）监督被保证人遵守法律和有关规定； |
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| 2. Immediately reporting to the execution authority, when finding that the guaranteed convict leaves the residential area without permission or commits a legal violation or crime; | | （二）发现被保证人擅自离开居住区域或者有违法犯罪行为的，立即向执行机关报告； |
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| 3. Providing the necessary conditions and safeguards for the treatment, care, reexamination and normal living of the guaranteed convict; | | （三）为被保证人的治疗、护理、复查以及正常生活提供必要的条件和保障； |
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| 4. Urging and helping the guaranteed convict to attend the regular reexamination of disease and report to the execution authority as provided for; and | | （四）督促和协助被保证人按照规定履行定期复查病情和向执行机关报告； |
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| 5. Immediately reporting to the execution authority, when the guaranteed convict's conditions for medical treatment outside a prison with bail disappear or the guaranteed convict is dead. | | （五）被保证人保外就医情形消失，或者被保证人死亡的，立即向执行机关报告。 |
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| Article 24 For a convict needing the temporary serving of sentence outside a prison, a detention house shall complete an examination and approval form for temporary serving of sentence outside a prison, and attach it with the disease authentication or certificate of pregnancy checkup, authentication of inability to live alone, or certificate of breast-feeding of a convict's own baby; for a convict needing the medical treatment outside a prison with bail, the letter of guaranty for medical treatment outside a prison with bail shall also be attached at the same time. A detention house at the county level shall submit the relevant materials to the public security authority at the prefecture or municipal level for examination and approval, after they have been examined and approved by the public security organ that it belongs to; a detention house at or above the prefecture or municipal level shall submit the relevant materials to the public security organ that it belongs to for examination and approval. | | 第二十四条 对需要暂予监外执行的罪犯，看守所应当填写暂予监外执行审批表，并附病情鉴定或者妊娠检查证明，或者生活不能自理鉴定，或者哺乳自己婴儿证明；需要保外就医的，应当同时附保外就医保证书。县级看守所应当将有关材料报经所属公安机关审核同意后，报地市级公安机关审批；地市级以上看守所应当将有关材料报所属公安机关审批。 |
At the same time of submitting the examination and approval materials, a detention house shall send the photocopies of the duplicate of examination and approval form for temporary serving of sentence outside a prison, disease authentication or certificate of pregnancy checkup, authentication of inability to live alone, certificate of breast-feeding of a convict's own baby, the letter of guaranty for medical treatment outside a prison with bail and other relevant materials to the procuratorial office stationed at the detention house by the people's procuratorate.
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看守所在报送审批材料的同时，应当将暂予监外执行审批表副本、病情鉴定或者妊娠检查诊断证明、生活不能自理鉴定、哺乳自己婴儿证明、保外就医保证书等有关材料的复印件抄送人民检察院驻所检察机构。
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