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10.25.2010

article 81 - draft amendment

Article 81 (Conditions of use). An offender sentenced to fixed-term imprisonment of which not less than half has been executed, an offender sentenced to life imprisonment of which not less than 10 years has actually been executed, an offender sentenced to the death penalty with a suspension of execution according to article 50 paragraph 2 in this law, who has obtained a sentence reduction to life imprisonment of which more than twenty years has actually been executed, and cannot obtain another sentence reduction, an offender sentenced to the death penalty with a suspension of execution who has obtained a sentence reduction to twenty years fixed-term imprisonment of which more than eighteen years has actually been executed and cannot obtain another sentence reduction, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and a people’s court finds he does not pose the danger of recidivism.

If special circumstances exist, with the approval of the Supreme People’s Court, the above restrictions relating to the term executed need not be imposed.


In granting parole, people’s courts should consider the influence offenders will have on the community where they live after the period of parole, and whether effective means of surveillance exist.


Criminal elements who are recidivists or who are sentenced to fixed-term imprisonment of more than 10 years or to life imprisonment for murder, bombing, robbery, rape, kidnap, or other violent crimes shall not be granted parole.

Article 81. A criminal element sentenced to fixed-term imprisonment of which not less than half has been executed, or a criminal element sentenced to life imprisonment of which not less than 10 years has actually been executed, may be granted parole if he earnestly observes prison regulations, undergoes reform through education, demonstrates true repentance, and will not cause further harm to society after being paroled.

If special circumstances exist, with the approval of the Supreme People’s Court, the above restrictions relating to the term executed need not be imposed.

Criminal elements who are recidivists or who are sentenced to fixed-term imprisonment of more than 10 years or to life imprisonment for murder, bombing, robbery, rape, kidnap, or other violent crimes shall not be granted parole.

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