The Supreme Law Promulgates the Provisions on the Enforcement of Property Sentences in Handling Commutation and Parole Cases

In order to thoroughly implement Xi Jinping's thoughts on the rule of law and implement the decision and deployment of the Party Central Committee on improving the penalty execution system, the Supreme People's Court has officially issued the Regulations on the Implementation of Property Sentences in the Handling of Commutation and Parole Cases (Hereinafter referred to as the "Regulations").

Commutation and parole are important penalty execution change systems. The connection between the execution of property sentences and commutation and parole can, on the one hand, encourage criminals to actively perform the property sentences of effective criminal judgments and improve the execution rate of property sentences. On the other hand, it can enrich the judgment standard of commutation and parole conditions of "true repentance", which is a new starting point for strengthening the substantive trial of commutation and parole cases. However, there are also some problems to be solved in the operation of the association mechanism, such as the inconsistency of the association standard, the difficulty of judging the ability to perform, and the problem of preventing mechanical association and excessive association. The "Regulations" provide a systematic solution to the above-mentioned problems. It is of great significance for handling commutation and parole cases in a fair manner in accordance with the law, correctly handling the relationship between commutation, parole and the execution of property sentences, and giving full play to the system functions of commutation and parole.

The "Regulations" make it clear that the implementation of property judgments is one of the important factors for judging whether criminals have shown repentance when handling commutation and parole cases. If the offender's property sentence has not been fulfilled, it should focus on the review of his ability to perform, and focus the review on the judgment of the ability to perform, so as to ensure the fairness of the application of commutation and parole.

The Regulations unify the rules of association. It is required that criminals with the ability to perform must be commuted or released on parole after they have completed their performance; if they do have the ability to perform and refuse to perform, they will not be determined to have shown repentance, and will not be commuted or released on parole; if they do not have the ability to perform, it will not affect their performance of repentance. Recognition. The "Regulations" also clarify that after a criminal is ruled to be commuted or paroled, he is found to have made a false declaration or deliberately concealed property. If the circumstances are serious, the commutation or parole should be revoked, and the relevant supporting systems have been improved.

In view of the difficulty of judging the ability to perform in judicial practice, on the basis of summing up the experience and practices of various localities, the provisions put forward a judgment mode of progressively determining the ability to perform on the basis of the implementation of the court. combined with the criminal's property declaration, the actual ownership of property and his consumption during the period of serving a sentence. The "Regulations" use the method of enumeration to clarify the situation of non-performance, through the positive proof plus negative list to define the judgment standard of non-performance ability, enhance the operability of the judgment of performance ability.

The provisions also reaffirm the principle of the priority of civil liability. For criminals whose property is not sufficient to bear all civil compensation obligations and fines and confiscation of property, if they can actively perform their civil compensation obligations, they should be considered when determining whether they have indeed shown repentance. In order to promote criminals to actively fulfill the obligation of civil compensation, actively repair the damaged social relations, and promote social harmony.

The Provisions of the Supreme People's Court on Issues Concerning the Enforcement of Property Sentences for the Review of Cases of Commutation and Parole, which were adopted at the 1910th meeting of the Judicial Committee of the Supreme People's Court on January 3, 2024, are hereby promulgated and shall come into force on May 1, 2024.

Supreme People's Court

29 April 2024

Interpretation (2024) No. 5

　Supreme People's Court

On the handling of commutation and parole cases to review property judgments.

Provisions on questions of implementation

(Adopted at the 1910th meeting of the Judicial Committee of the Supreme People's Court on January 3, 2024, and effective as of May 1, 2024)

In order to ensure that cases of commutation and parole are handled fairly in accordance with the law, and to correctly handle the relationship between commutation, parole and the execution of property judgments, these regulations are formulated in accordance with the the People's Republic of China Criminal Law, the the People's Republic of China Criminal Procedure Law and other legal provisions, combined with judicial practice.

Article 1 In handling a case of commutation or parole, the people's court must review the implementation of the property sentence in the original effective criminal or criminal incidental civil judgment as one of the factors for judging whether the offender has indeed shown repentance.

Property judgments refer to judgments that are determined in the effective criminal or criminal incidental civil judgments to be pursued in accordance with the law, ordered to refund compensation, fines, confiscation of property, and civil compensation obligations.

Article 2 When the people's court examines the implementation of a property judgment, it shall take the notice of closing, the bill of payment, and the statement of implementation issued by the enforcement court as the basis for the review and judgment.

If the people's court decides that multiple criminals are jointly and severally liable for incidental civil compensation, as long as some of them fulfill all the compensation obligations, it can be determined that the incidental civil compensation has been executed.

If a relative of an offender performs a property sentence on his behalf, the offender shall be deemed to have performed it himself.

Article 3 If the execution of a property judgment has not been completed, the people's court shall focus on examining the offender's ability to perform.

The ability of the offender to perform should be judged on the basis of the actual implementation of the property sentence, combined with the offender's property declaration, actual possession of property, as well as the consumption and account balance in the prison or detention center.

Article 4 If an offender has the ability to perform a property sentence, his sentence shall be commuted or released on parole only after he has performed it.

If a criminal does have the ability to perform but fails to do so, he shall not be deemed to have shown repentance, and his sentence shall generally not be commuted or released on parole except under the circumstances prescribed by law.

If the offender is truly incapable of performance, it does not affect the determination of his or her true repentance.

If a criminal has commuted his sentence due to major meritorious service, he shall be dealt with in accordance with relevant laws and regulations, and shall generally not be affected by the performance of property judgments.

Article 5 For cases of commutation or parole where the execution of a property judgment has not been completed, the people's court shall, when accepting the case, focus on examining the following materials:

(I) the execution of the ruling, the payment of the bill, whether there is any refusal to perform or hinder the execution of the relevant property judgment of the material;

(II) the offender's declaration materials for his personal property;

(III) explanations of relevant organizations and units on the actual possession of property by criminals;

(IV) non-performance of the property judgment may bear adverse consequences of the notification materials;

(V) materials reflecting the consumption and account balance of criminals in prisons and detention centers;

(VI) other materials reflecting the execution of the offender's property sentence.

If the above-mentioned materials are not complete, the penalty enforcement agency that applies for commutation or parole shall be notified to make up the delivery within seven days. If it fails to make up the delivery within the time limit, the case shall not be filed.

Article 6 Where a property judgment has not been fulfilled and the offender has one of the following circumstances, it shall be determined that the offender does have the ability to perform and fails to perform:

(I) refuses to account for the whereabouts of the stolen money or goods;

(II) concealing, hiding or transferring property;

(III) impairing the execution of property judgments;

The (IV) refuses to declare or falsely declares the property.

If a criminal uses such means as borrowing a name or falsely reporting the purpose of use to consume in a prison or detention center, or if the consumption obviously exceeds the standard amount set by the penalty enforcement agency without special reasons, it shall be deemed that he has the ability to perform and fails to perform.

The sentence may be commuted or released on parole six months after the disappearance of the above-mentioned circumstances or the completion of the execution of the offender's property sentence.

Article 7 if a criminal is found to have no property available for execution after investigation and control by the enforcement court and does not have the circumstances listed in Article 6 of these provisions, it shall be determined that he is indeed incapable of performing.

Article 8 If a criminal has been exempted from the fine imposed by the execution court, the failure to complete the performance of other property judgments shall not affect the determination of his or her true repentance, except where the criminal is truly capable of performing.

The judgment determines the payment of the fine in installments, and if the criminal has not failed to pay the fine at the expiration of the period, it shall not affect the determination of his repentance.

Article 9 A sentence of confiscation of property shall be executed immediately after the judgment takes effect, and the property to be executed shall be the property lawfully owned by the individual offender at the time the judgment takes effect. Except for the circumstances listed in the first paragraph of Article 6 of these Provisions, the execution of the sentence of confiscation of property generally does not affect the determination of the criminal's repentance.

Article 10 If a criminal who bears the obligation of civil compensation has one of the following circumstances, it shall not affect the determination of his repentance:

(I) full performance of civil compensation obligations, incidental civil litigation plaintiff's whereabouts are unknown or refuse to accept, the performance of the funds to be deposited;

(II) to perform civil compensation obligations by stages, and there is no situation of non-performance at the expiration of the period;

(III) the plaintiff in an incidental civil action expresses understanding for the offender and waives civil compensation in writing.

Article 11: If the victim files a separate civil compensation lawsuit due to damage caused by a criminal act, the people's court shall review the implementation of the compensation obligation determined by the relevant effective civil judgment when handling the case of commutation or parole, and comprehensively judge the criminal in combination with these regulations. Whether there is indeed a sign of repentance.

If a criminal who bears the obligation of civil compensation is sentenced to a fine or confiscation of property at the same time, he shall first bear the obligation of civil compensation. For criminals whose property is not sufficient to bear all civil compensation obligations and fines and confiscation of property, if they can actively perform their civil compensation obligations, they should be considered when determining whether they have indeed shown repentance.

Article 12 For crimes committed by taking advantage of duty, disrupting the order of financial management and financial fraud, organizing (leading, participating in, shielding, conniving at) crimes committed by triad organizations, and failing to actively return stolen goods, assist in the recovery of stolen money and goods, and compensate for losses, it shall not be determined that they have indeed shown repentance.

Article 13 When a people's court delivers a criminal to be executed, if there is a property judgment in the effective judgment, it shall transfer the materials on the actual implementation of the property judgment to the penalty execution organ.

After receiving the official letter from the penalty enforcement organ verifying the execution of the offender's property judgment, the people's court that executes the property judgment shall issue the relevant certificate within seven days. If the case has been executed and closed, the relevant legal documents shall be attached.

If, in the process of execution, the people's court that executes the property judgment finds that the criminal who has not completed the execution of the property judgment has the circumstances listed in item (III) of the (I) (II) paragraph 1 of Article 6 of these provisions, it shall promptly notify the relevant information to the penalty enforcement organ.

Article 14 If, in handling a case of commutation or parole, a people's court finds that an offender is indeed capable of performing but fails to do so, it shall rule not to grant commutation or parole, or the penalty executing organ shall, in accordance with the law, withdraw the proposal for commutation or parole.

If, after a criminal has been ruled on commutation or parole, it is found that he is indeed capable of performing, the people's court shall continue to carry out the property judgment; if it is found that he has made a false declaration or intentionally concealed property, and the circumstances are serious, the people's court shall revoke the ruling on commutation or parole.

Article 15 These Provisions shall come into force on May 1, 2024. In case of any inconsistency between the previously issued judicial interpretations and these Provisions, these Provisions shall prevail.

(Source: Supreme People's Court)