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The punishment of criminals in China is carried out strictly according
to the law, from the day they are taken into custody to the day
of their release at the end of their sentence.
Criminals are handed over to reform-through-labour institutions
only after the court verdict legally goes into effect. The reform-through-labour
institutions have the right to refuse to detain criminals when the
related legal documents are found to be deficient or when the verdicts
have not yet become legal. Doctors must be on hand when new prisoners
arrive to give them physical check-ups. Those who are suffering
from mental illnesses; from acute, pernicious or contagious diseases;
or from any serious illness, requiring treatment outside the prison
on bail plus women who are pregnant or breast-feeding their babies
are not taken into prison. Within three days after a criminal is
incarcerated, members of his or her family must be notified so that
they promptly learn of his or her whereabouts. In compliance with
legal provisions concerning prison management, most criminals are
allowed to serve their sentences in the area around their original
residence, making it convenient for their family members to visit
them and for their former work units to assist in educating them.
According to Chinese law, the reform-through-labour institutions
must not only immediately pass on a prisoner's appeal to the department
concerned at any time during the term of imprisonment, but also
conduct their own analysis and study of the appeal. When the institution
disagrees with a judgment, the institution itself may request the
People's Procuratorate or the People's Court which made the original
judgment to reexamine the case.
In order to foster the desire to reform among prisoners, Chinese
law contains provisions stipulating a system for reducing sentences
and release on parole. All prisoners who qualify, accept reform,
and show true repentance or outstanding behaviour during their prison
terms may be granted a reduction in their sentence or release on
parole in accordance with the law. Since the early 1980s', a system
of points has been generally adopted by all Chinese reform-through-labour
institutions for assessment and determination of reward and punishment,
wherein day-to-day behaviour of the prisoners as they undergo reform
is translated into points. On the basis of a fixed number of points,
those who show a positive attitude towards reform will be awarded
additional points and those who show indiscipline or break regulations
will have points deducted, with results of additions and deductions
of points made public every month. Prisoners have the right to question
or protest their scores. In accordance with the law, the reform-through-labour
institutions regularly or from time to time recommend to the People's
Court that selected prisoners have their sentences reduced or be
released on parole, based on their overall conduct while undergoing
reform. From the results of assessment and the published scores,
the prisoners themselves are aware of the chances for having their
sentence reduced or being released on parole. To ensure fair and
rational rewards and penalties, strict regulations govern the procedures
for reduction of sentence or release on parole. This method of assessment
and reward and penalty greatly increases prisoners' desire to reform.
According to statistics, in 1990 16.38% of all the imprisoned criminals
in the whole country had their sentences commuted or were released
on parole, and in 1991 the figure was 18.35%.
In order to reform those criminals who have committed crimes punishable
by death but who may still be reformable, China has created a unique
system of a death penalty with a two-year reprieve. Article 43 of
the Criminal Law of the People's Republic of China stipulates that,
"the death penalty is only applicable to criminals who have committed
the most heinous of crimes. Criminals who should receive the death
penalty but need not be executed immediately can be sentenced to
death with a two-year reprieve, during which time they are to undergo
reform through labour to see if it will be effective." In keeping
with provisions of the criminal law, if a criminal sentenced to
death with a two-year reprieve shows genuine regret for his or her
crimes during the probationary period, the sentence can be commuted
to life imprisonment upon completion of the two-year reprieve. Those
who have shown true repentance and exemplary behaviour can have
their sentences reduced to a set term of imprisonment between 15-20
years. In actual judicial practice, over 99% of criminals given
the death penalty with two years reprieve have had their sentences
commuted to life imprisonment or set terms of imprisonment through
reform. Those who have had their sentences reduced to life imprisonment
can have their sentences further commuted to a set term of imprisonment
if they show repentance and exemplary behaviour during prison service.
For criminals who have committed new crimes in the prison or reform-through-labour
institution, violating criminal law, the People's Court, in accordance
with the law, is petitioned to pass sentence for the new crimes,
to be added to the remaining term of imprisonment for the old crimes.
As the overwhelming majority of criminals want to reform, only a
handful of prisoners have been given additional penalties due to
new crimes. According to statistics, only 0.387% of the total number
of criminals in custody in the country were given increased sentences
because of new crimes committed in prison in 1990 and only 0.319%
in 1991.
For a female criminal who is pregnant or breast-feeding her baby,
or a criminal who is seriously ill, the People's Court may sentence
the prisoner to serve his or her term outside of prison. Release
on parole for medical treatment is also granted to all seriously
ill prisoners, who are serving either a set term or life imprisonment.
Requirements for being released on parole for medical treatment
are more flexible for juvenile, elderly and female prisoners. Statistics
show that 1.91% of the prisoners in the country were released on
parole for medical treatment in 1990 and 1.94% in 1991.
A reform-through-labour institution needs to do a certain amount
of preparatory work before a prisoner is to be released, since a
prisoner must be released in accordance with the law on the day
the term of imprisonment ends. At the time of release, a prisoner
is given enough money to cover travel and food expenses. If a prisoner
to be released is not well, family members are informed ahead of
time to come and take him home, or the reform-through-labour institution
assigns people from its staff to accompany him to his home.
To help reform criminals, China, like most other countries in the
world, suspends sentence for criminals who have committed a minor
crime, have pleaded guilty and are not likely to further endanger
society. In the past few years, the departments of justice have
appropriately expanded the scope for sentence suspension according
to law. In 1991, over 65,000 criminals had their sentence suspended.
Judicial experience shows that giving criminals suspended sentences
allows them to stay with their families, keep their jobs and remain
in a normal social environment. This helps stimulate their enthusiasm
for receiving reform and contributes to their reform through education
and persuasion by society at large.
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