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中华人民共和国监狱法(二)

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  Section 5 Release and Resettlement

  Article 35 If a prisoner has completed service of his sentence, the prison shall release him as scheduled and issue him a certificate of release.

  Article 36 After a prisoner is released, the public security organ shall make residence registration for him on the strength of his certificate of release.

  Article 37 With respect to a person released after serving his sentence, the local people's government shall assist him in resettling down.

  If a person released after serving his sentence has lost his ability to do labour, and has no statutory supporters or basic source of income, the local people's government shall offer him relief.

  Article 38 A person released after serving his sentence shall enjoy equal rights with other citizens in accordance with the law.

  Chapter IV Prison Administration

  Section 1 Separate Custody and Separate Control

  Article 39 A prison shall practise separate custody and separate control with respect to male adult prisoners, female adult prisoners and juvenile delinquents. In respect of the reform of juvenile delinquents and female prisoners, special consideration shall be given to their physiological and psychological characteristics.

  A prison shall, with respect to prisoners, carry out separate custody and varied control on the basis of their types of crimes and punishments, terms of sentences and performances of reform.

  Article 40 Female prisoners shall be under the direct control of people's policewomen.

  Section 2 Guard

  Article 41 The people's armed police forces shall be in charge of the armed guard of prisons. The specific measures shall be prescribed by the State Council and the Central Military Commission.

  Article 42 If a prison discovers that a prisoner in custody has escaped, the prison shall capture him as soon as possible. If the prison cannot immediately capture the escapted prisoner, it shall notify the public security organ without delay. The public security organ shall be responsible for the pursuit and capture of the escaped prisoner, and the prison shall closely coordinate with the public security organ.

  Article 43 A prison shall set up guard installations in accordance with the needs of supervision and control. The guard segregation zone around a prison shall be delimited. No one shall, without permission, enter into such zone.

  Article 44 State organs, public organizations, enterprises, institutions and grass-roots organizations in the neighbourhood of a prison or its operation areas shall assist the prison in its security work.

  Section 3 Use of Restraint Implements and Weapons

  Article 45 Under any of the following circumstances, a prison may use restraint implements:

  (l) if a prisoner commits any acts of escape;

  (2) if a prisoner commits any acts of violence;

  (3) if a prisoner is on the way of escord; or

  (4) if a prisoner commits other dangerous acts against which it is necessary to take precautions.

  After the circumstances specified in the preceding paragraph disappeared, restraint implements shall not be used.

  Article 46 Personnel on duty of the people's police or the people's armed police forces may, under any of the following circumstances, which can not be checked without the use of weapons, use weapons in accordance with the relevant regulations of the State:

  (l) if any prisoner is assembling a crowd to make a riot or rebellion;

  (2) if any prisoner is escaping or resisting arrest;

  (3) if any prisoner is committing physical assault or destruction with a lethal weapon or other dangerous articles to endanger the safety of another person's life or property;

  (4) if any prisoner is being seized and rescued by force; or

  (5) if any prisoner is seizing a weapon by force.

  Personnel who have used weapons shall report the situations in accordance with the relevant regulations of the State.

  Section 4 Correspondence and Meeting with Visitors

  Article 47 A prisoner may, during the service of his sentence, cor-respond with others, but their correspondence shall be examined by the prison. If the prison discovers that the contents of a letter present a hindrance to the reform of the prisoner, the prison may detain the letter. Letters from a prisoner to the higher authorities of the prison or to the judicial organs shall be free from examination.

  Article 48 A prisoner may, in accordance with the relevant regula-tions, meet with his relatives and guardians during the service of his sentence.

  Article 49 Goods or money to be received by a prisoner shall be subject to the approval and examination of the prison.

  Section 5 Life and Health

  Article 50 The living standard of prisoners shall be measured by the quantity of material objects, and it shall be set by the State.

  Article 51 The beddings and clothings of prisoners shall be uniformly rationed and provided by the prison.

  Article 52 Considerations shall be given to the special habits and customs of prisoners of minority ethnic groups.

  Article 53 Wards of a prison shall be firm, ventilated, possible for the natural light to come in, clean and warm.

  Article 54 A prison shall set up medical organs and living and sanitary facilities, and institute regulations on the life and sanitation of prisoners. Medical and health care of prisoners shall be put into the public health and epidemic prevention programme of the area in which the prison is located.

  Article 55 If a prisoner dies during imprisonment, the prison shall immediately inform the prisoner's family members, the people's procuratorate and the people's court. If a prisoner dies from a disease, the prison shall make a medical appraisal. If the people's procuratorate suspects the prison's medical appraisal, it may make an appraisal anew on the cause of the death. If the family members of the prisoner suspect the prison‘s medical appraisal, they may raise their suspicion to the people's procuratorate. If a prisoner dies an abnormal death, the people's procuratorate shall im-mediately conduct examinations and make an appraisal on the cause of the death.

  Section 6 Rewards and Punishments

  Article 56 A prison shall establish a routine check-up system for prisoners. The result of such check-ups shall be taken as the basis for awarding or punishing prisoners.

  Article 57 If a prisoner is under one of the following circumstances, the prison may commend or award him, or record a merit for him:

  (l) if a prisoner observes the rules and discipline of the prison, studies hard, takes an active part in labour and shows admission of guilt and acceptance of the judgement;

  (2) if a prisoner has stopped any law-breaking or criminal activities;

  (3) if a prisoner has overfulfilled his production task;

  (4) if a prisoner has made achievements in saving on raw materials or caring for public property;

  (5) if a prisoner has achieved certain success in technical renovation or passing on his production skill;

  (6) if a prisoner has made contributions in preventing or removing a disastrous accident; or

  (7) if a prisoner has made other contributions to the State and the society.

  Where a prisoner sentenced to fixed-term imprisonment is under one of the circumstances specified in the preceding paragraph, if he has served more than a half of the original term of his sentence, and has always shown good performances during imprisonment and if his leaving from the prison will no longer endanger the society, the prison may, in light of the circum-stances. permit him to leave the prison for the purpose of visiting his family members or relatives.

  Article 58 If a prisoner has committed one of the following acts obstructing the order of supervision and control, the prison may give him a warning, demerit-recording or solitary confinement:

  (l) assembling a crowd to make a stir and to disturb the order of the prison;

  (2) abusing or beating the people's police;

  (3) bullying other prisoners;

  (4) stealing, gambling, coming to blows, or stirring up fights and causing troubles;

  (5) refusing to do labour though he has the ability to work or being slack in work and refusing to mend his ways even after education;

  (6) escaping from doing labour by means of self-injury or self-mutilation;

  (7) intentionally viloating the operation rules in productive labour or intentionally destroying tools of production; or

  (8) other acts violating the rules and discipline of the prison.

  The term of solitary confinement imposed on a prisoner as stipulated by the preceding paragraph shall be from seven to fifteen days.

  If a prisoner has committed an act specified in the first paragraph during the service of his sentence, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

  Section 7

  Handling of Crimes Committed by prisoners

  During the Term of Imprisonment

  Article 59 If a prisoner intentionally commits a crime during the service of his sentence, he shall be given a heavier punishment according to law.

  Article 60 A criminal case committed by a prisoner in the prison shall be investigated by the prison. On the conclusion of the investigation, a recommendation for prosecution or a recommendation for exemption from prosecution written by the prison together with the case file and the evidence shall be handed over to a people's procuratorate.

  Chapter V Education and Reform of Prisoners

  Article 61 In the education and reform of prisoners, the principle of suiting education to different persons and cases and persuading prisoners through reasoning shall be implemented and the method of combining collective education with individual education and combining education by the prison with education by the society adopted.

  Article 62 A prison shall carry out ideological education among prisoners in legality, morality, current situations, policies and outlook on their futures.

  Article 63 A prison shall, in light of different conditions of prisoners, carry out literacy education, primary education and junior secondary education. If a prisoner has passed due examinations, the educational department shall issue him the corresponding certificate of education.

  Article 64 A prison shall carry out occupational and technical education among prisoners in accordance with the needs of production in the prison and of employment after their release. If a prisoner has passed due examination and verification, the labour department shall issue him the corresponding certificate of technical grade.

  Article 65 A prison shall encourage prisoners to study on their own. If a prisoner has passed due examinations, the relevant department shall issue him the corresponding certificate.

  Article 66 The cultural, occupational and technical education of prisoners shall be included into the educational plan of the area where the prison is located. A prison shall have necessary educational facilities such as class-rooms and reading-rooms.

  Article 67 A prison shall organize prisoners to conduct proper sport activities and cultural recreations.

  Article 68 State organs, public organizations, units of armed forces, enterprises, institutions, personage of various circles and family members or relatives of prisoners shall assist prisons in doing a good job in the education and reform of prisoners.

  Article 69 An able-bodied prisoner must do labour.

  Article 70 A prison shall, in the light of the individual conditions of prisoners, rationally organize them to do labour so as to correct their bad habits, to cultivate their habits of working, to acquire production skills and to create conditions for employment after their re-lease.

  Article 7l With regard to the working hours of prisoners, a prison shall make reference to the State's relevant regulations on working hours; under special circumstances such as seasonal production, the working hours may be readjusted.

  Prisoners shall have the right to rest on statutory festivals and holidays.

  Article 72 Prisons shall, in accordance with the relevant regulations, pay remunerations to the prisoners who take part in labour, and implement relevant regulations of the State on labour protection.

  Article 73 If a prisoner is injured, disabled or dead in the course of doing labour, the prison shall handle the matter with reference to relevant regulations of the State on labour insurance.

  Chapter VI Education and Reform of Juvenile Delinquents

  Article 74 Criminal punishments on juvenile delinquents shall be executed in the reformatories for juvenile delinquents.

  Article 75 The focus in the execution of criminal punishments on juvenile delinquents shall be on education and reform. Labour for juvenile delinquents shall conform to the characteristics of minors and its main objectives shall be to acquire an elementary education and production skills.

  A prison shall coordinate with the State, society and educational institutions such as schools in providing necessary conditions for juvenile delinquents to receive compulsory education.

  Article 76 If a juvenile delinquent has reached the age of l8 and the remaining term of his sentence does not exceed two years, he may still be kept in the reformatory for juvenile delinquents for the execution of the remaining term of his sentence.

  Article 77 If matters relating to the control, education and reform of juvenile delinquents are not covered by this Chapter, the relevant provisions of this Law shall apply.

  Chapter Ⅶ Supplementary Provisions

  Article 78 This Law shall go into effect ad of the date of promulgation.

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