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6.05.2011

Supreme People’s Court Reply on the problem of whether case files should be reviewed to approve reductions of sentence and release on parole. (1956)

Supreme People’s Court Reply on the problem of whether case files should be reviewed to approve sentence reduction and release on parole.

(22 October 1956 Fayan zidi no. 10622)

Hunan Higher People’s Court:
Your request for instruction fabanzi no. 42 of 8 September 1956 on the problem of whether case files should be reviewed to approve sentence reduction and release on parole has been received and read.
We think that a defendant’s sentence reduction or parole are to be approved mainly according to the conditions for sentence reduction and parole. Therefore, in general there is no need to review case files. When it is deemed necessary to review the case file, the case file can be retrieved and consulted.
We agree with the principle, raised and adopted by you, of focussing on the review of case files.


最高人民法院关于审批减刑假释案件时是否审阅原卷问题的批复
(1956年10月22日法研字第10622号)
湖南省高级人民法院:
你院一九五六年九月八日法办字第42号关于审批减刑、假释案件时是否审阅原卷问题的请示收悉。我们认为,批准对被告人的减刑、假释,主要是根据减刑、假释条件,因此,一般可不必审阅原卷,如果认为需要审阅原卷时,再调卷审阅。你院所提采取重点审阅原卷的原则,我们同意。