Article 1 This Law is formulated in accordance with the Constitution for the purpose of correctly executing criminal punishments, punishing and reforming criminals, and preventing and reducing crimes.

Article 2 A prison is an organ of the state that executes criminal punishments.

According to the provisions of the Criminal Law and the Criminal Procedure Law, criminals sentenced to death with a two-year suspension, life imprisonment or fixed-term imprisonment shall execute their sentences in prison.

Article 3 A prison shall implement the principle of combining punishment with reform and combining education with labor, and transform criminals into law-abiding citizens.

Article 4 A prison shall supervise prisoners according to law, organize prisoners to participate in productive labor and provide ideological, cultural and technical education to prisoners according to the needs of reforming prisoners.

Article 5 The activities of the prison people's police in managing prisons according to law, executing punishments and educating and reforming criminals are protected by law.

Article 6 People's procuratorates shall supervise the legality of prison execution of criminal activities according to law.

Article 7 A criminal's personality shall not be insulted, and his personal safety, lawful property, defense, appeal, accusation and other rights that have not been deprived or restricted according to law shall not be violated.

Criminals must strictly abide by laws, regulations and prison rules, obey management, receive education and take part in labor.

Article 8 The state guarantees the funds needed by prisons to reform criminals. The funds for the people's police, the reform of criminals, the living expenses of criminals, prison facilities and other special funds are included in the national budget.

The state provides necessary production facilities and production funds for prisoners' labor.

Article 9 The land, mineral resources and other natural resources used by prisons according to law and the property of prisons are protected by law, and no organization or individual may occupy or destroy them.

Tenth the State Council judicial administrative departments in charge of the national prison work.

Chapter II Prison

Article 11 The establishment, cancellation and relocation of a prison shall be approved by the judicial administrative department of the State Council.

Article 12 A prison shall have a warden and deputy wardens, and necessary working institutions and other prison administrators according to actual needs.

Prison administrators are the people's police.

Thirteenth prison people's police should strictly abide by the Constitution and laws, be loyal to their duties, enforce the law impartially, strictly observe discipline, be honest and clean.

Fourteenth prison people's police shall not have the following acts:

(1) soliciting, accepting or embezzling the property of criminals and their relatives;

(2) Releasing a criminal privately or neglecting his duty, thus causing the crime to escape;

(3) extorting confessions by torture or maltreating criminals by corporal punishment;

(4) Insulting the criminal's personality;

(5) Beating or conniving at others beating criminals;

(six) using criminals to provide services for personal gain;

(seven) in violation of regulations, privately delivering letters or articles for criminals;

(eight) illegally handing over the supervision of criminals to others;

(9) Other illegal acts.

If the prison people's police commit the acts listed in the preceding paragraph, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.

Chapter III Execution of Penalty

Section 1 imprisonment

Article 15 A people's court shall serve a notice of execution and a written judgment on a criminal sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment to the public security organ where the criminal is detained, and the public security organ shall put the criminal in prison for execution within one month from the date of receiving the notice of execution and the written judgment.

If the remaining sentence of a criminal before being handed over for execution is less than one year, the detention center shall execute it on his behalf.

Article 16 When a criminal is committed for execution, the people's court that committed him for execution shall deliver a copy of the indictment of the people's procuratorate, a copy of the judgment of the people's court, the notice of execution and the registration form for closing the case to the prison at the same time. If the prison does not receive the above documents, it shall not be put into prison; If the above-mentioned documents are incomplete or recorded incorrectly, the people's court that made the effective judgment shall promptly supplement or correct them; Those who may lead to wrongful imprisonment will not be imprisoned.

Article 17 A prison shall conduct a physical examination of criminals who have been handed over for execution. After examination, a criminal sentenced to life imprisonment or fixed-term imprisonment shall not be put into prison for the time being under any of the following circumstances:

(a) there is a serious illness that requires medical parole;

(2) Women who are pregnant or nursing babies.

Criminals listed in the preceding paragraph who are temporarily not in prison shall be temporarily executed outside prison by the people's court that handed them over for execution. If the temporary execution outside prison is socially dangerous, it shall be put in prison for execution. A criminal who is temporarily executed outside prison shall be executed by the public security organ at his place of residence. After the circumstances listed in the preceding paragraph disappear, the criminal whose original sentence has not been completed shall be put into prison by the public security organ.

Article 18 When a prisoner is put into prison, his person and the articles he carries should be strictly examined. Non-necessities of life shall be kept by the prison or returned to the family members with the consent of the criminals, and contraband shall be confiscated.

Female prisoners are inspected by the female people's police.

Article 19 Criminals shall not serve their sentences in prison with their children.

Article 20 After a prisoner is put into prison, the prison shall notify the prisoner's family. The notice shall be issued within five days from the date of admission to prison.

Section 2 Handling of Complaints, Accusations and Reports of Criminals

Article 21 If a prisoner refuses to accept the effective judgment, he may lodge a complaint.

The people's procuratorate or the people's court shall promptly handle the complaints of criminals.

Article 22 A prison's complaint or accusation against a prisoner shall be promptly handled or transmitted to the public security organ or the people's procuratorate, and the public security organ or the people's procuratorate shall notify the prison of the handling result.

Twenty-third prisoners' complaints, accusations and accusation materials shall be delivered in time by the prison, and shall not be withheld.

Article 24 In the process of executing the penalty, if a prison thinks that the judgment may be wrong according to the prisoner's complaint, it shall submit it to the people's procuratorate or the people's court for handling, and the people's procuratorate or the people's court shall notify the prison of the handling result within six months from the date of receiving the prison's handling opinion.

Section 3 Execution outside prison

Article 25 A criminal sentenced to life imprisonment or fixed-term imprisonment serving his sentence in prison may be temporarily executed outside prison if he meets the conditions for execution outside prison as stipulated in the Criminal Procedure Law.

Twenty-sixth temporary execution outside prison, the prison shall put forward written opinions and report them to the prison management organs of provinces, autonomous regions and municipalities directly under the central government for approval. The approving organ shall notify the public security organ and the people's court that originally pronounced the sentence of the decision to temporarily execute the sentence outside prison, and send a copy to the people's procuratorate.

If the people's procuratorate thinks that it is improper to apply temporary execution outside prison to criminals, it shall send written opinions to the organ that approved the temporary execution outside prison within one month from the date of receiving the notice, and the organ that approved the temporary execution outside prison shall immediately review the decision after receiving the written opinions of the people's procuratorate.

Article 27 A criminal who is temporarily executed outside prison shall be executed by the public security organ at his place of residence. The original prison shall promptly notify the public security organ responsible for the execution of the prisoner's reform in the prison.

Article 28 After the temporary execution outside prison disappears, if the sentence is not full, the public security organ responsible for execution shall promptly notify the prison to accept it; At the expiration of the term of imprisonment, the original prison shall go through the formalities of release. If a criminal dies during his temporary execution outside prison, the public security organ shall promptly notify the original prison.

Section 4 Commutation and Parole

Article 29 A prisoner sentenced to life imprisonment or fixed-term imprisonment who has truly repented or rendered meritorious service during his sentence may have his sentence reduced according to the results of prison assessment. One of the following major meritorious deeds shall be commuted:

(a) to prevent others from engaging in major criminal activities;

(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;

(three) there are inventions or major technological innovations;

(4) sacrificing oneself to save others in daily production and life;

(five) outstanding performance in resisting natural disasters or eliminating major accidents;

(6) Having made other significant contributions to the country and society.

Thirtieth commutation proposal by the prison to the people's court, the people's court shall, within one month from the date of receiving the commutation proposal, review and make a ruling; If the case is complicated or special, it can be extended for one month. The ruling on commutation shall be copied to the people's procuratorate.

Article 31 If a prisoner sentenced to a two-year suspension of execution of the death penalty meets the conditions stipulated by law for commutation to life imprisonment or fixed-term imprisonment during the suspension of execution of the death penalty, the prison where he belongs shall promptly put forward a proposal for commutation after the expiration of two years, and after being examined by the prison administration organs of provinces, autonomous regions and municipalities directly under the Central Government, it shall be submitted to the Higher People's Court for ruling.

Article 32 If a prisoner sentenced to life imprisonment or fixed-term imprisonment meets the conditions for parole prescribed by law, the prison shall submit a proposal for parole to the people's court according to the assessment results, and the people's court shall review and make a ruling within one month from the date of receiving the proposal for parole; If the case is complicated or special, it can be extended for one month. The ruling on parole shall be copied to the people's procuratorate.

Article 33 If the people's court decides to grant parole, the prison shall grant parole on schedule and issue a parole certificate.

Criminals released on parole shall be supervised by public security organs. If, during the period of parole, a paroled criminal violates laws, administrative regulations and the provisions of the public security department of the State Council on the supervision and administration of parole and does not constitute a new crime, the public security organ may put forward a proposal to the people's court to revoke parole, and the people's court shall review and make a ruling within one month from the date of receiving the proposal. If the people's court decides to revoke parole, the public security organ shall put the criminal in prison.

Article 34 Criminals who do not meet the conditions for commutation or parole prescribed by law shall not be commuted or paroled for any reason.

If the people's procuratorate considers that the people's court's ruling on commutation or parole is improper, it shall lodge a protest within the time limit prescribed by the Criminal Procedure Law, and the people's court shall retry the case protested by the people's procuratorate.

Section 5 Release and Resettlement

Article 35 When a prisoner has served his sentence, the prison shall release him on schedule and issue a release certificate.

Article 36 After a prisoner is released from prison, the public security organ shall register his household registration with the release certificate.

Article 37 Local people's governments shall help released prisoners to settle down.

The local people's government shall give relief to the released prisoners who have lost their ability to work and are unable to determine their dependents and basic sources of livelihood.

Article 38 Persons released from prison shall enjoy equal rights with other citizens according to law.

Chapter IV Prison Management

The first section points in charge

Article 39 A prison shall separately detain adult male prisoners, female prisoners and juvenile prisoners, and their physiological and psychological characteristics shall be taken into account in the reform of juvenile prisoners and female prisoners.

Sentencing shall be carried out according to the types of crimes, types of punishments, terms of imprisonment and performance of reform. Prisons hold prisoners separately and are managed in different ways.

Article 40 Female criminals shall be directly managed by the female people's police.

Section 2 alarm

Article 41 The People's Armed Police Force shall be responsible for the armed alert of prisons, and the specific measures shall be formulated by the State Council and the Central Military Commission (CMC).

Article 42 When a prison discovers that a prisoner in custody has escaped, it shall immediately arrest him. If an arrest cannot be made immediately, it shall immediately notify the public security organ responsible for the pursuit, and the prison shall cooperate closely.

Article 43 A prison shall set up warning facilities according to the needs of supervision. There is a security isolation zone around the prison, and no one can enter without permission.

Forty-fourth organs, organizations, enterprises, institutions and grassroots organizations around the prison area and the work area shall assist the prison in doing a good job in security alert.

Section 3 Constraints and Use of Weapons

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

(1) The criminal has escaped;

(2) Criminals use violence;

(3) The criminal is on the way of escort;

(4) The criminals have other dangerous behaviors and need to take preventive measures.

After the circumstances listed in the preceding paragraph disappear, the use of restraint tools shall be stopped.

Article 46 Under any of the following circumstances, which cannot be stopped without the use of weapons, the people's police and people's armed police officers on duty may use weapons in accordance with the relevant provisions of the state:

(1) Criminals gather people to make trouble or riot;

(2) Escaping or resisting arrest;

(3) Criminals with weapons or other dangerous goods are committing crimes or destroying weapons, endangering the lives and property of others;

(4) robbing criminals;

(5) Criminals snatch weapons.

Personnel who use weapons shall report the situation in accordance with the relevant provisions of the state.

Section 4 Communication and Meeting

Article 47 A prisoner may correspond with others while serving his sentence, but his correspondence shall be subject to inspection by the prison. Letters found in prisons that hinder the reform of criminals may be detained. Letters written by criminals to higher authorities and prison judicial organs are not subject to inspection.

Article 48 While serving a sentence, a prisoner may meet with his relatives and guardians in accordance with regulations.

Article 49 A prisoner receiving property shall be approved and inspected by the prison.

Section 5 Life and Health

Article 50 The living standard of prisoners shall be calculated according to the physical quantity stipulated by the state.

Article 51 The clothes of prisoners shall be uniformly distributed by the prison.

Article 52 Special living habits of ethnic minority criminals should be taken care of.

Article 53 The prison where prisoners live should be firm, ventilated, transparent, clean and warm.

Article 54 A prison shall set up medical institutions and sanitary facilities, and establish a sanitary system for prisoners. The medical care of criminals is included in the health and epidemic prevention plan of the prison area.

Article 55 If a prisoner dies while serving his sentence, the prison shall immediately notify the prisoner's family, the people's procuratorate and the people's court. If a prisoner dies of illness, the prison shall conduct medical appraisal. If the people's procuratorate has doubts about the medical appraisal of a prison, it may conduct a new appraisal of the cause of death. If the family members of criminals have questions, they may raise them with the people's procuratorate. If a criminal dies abnormally, the people's procuratorate shall immediately examine him and make an appraisal of the cause of death.

Section 6 rewards and punishments

Article 56 A prison shall establish a daily assessment system for criminals, and the assessment results shall serve as the basis for rewarding and punishing criminals.

Article 57 A prison may give praise, material rewards or record merit to a prisoner under any of the following circumstances:

(1) Abide by the prison rules and discipline, study hard, work actively, and plead guilty to the law;

(2) Preventing illegal and criminal activities;

(3) Exceeding the production task;

(four) saving raw materials or caring for public property, with achievements;

(five) technical innovation or imparting production technology, and achieved certain results;

(6) Having made certain contributions to the prevention or elimination of disasters and accidents;

(seven) other contributions to the country and society.

If a prisoner sentenced to fixed-term imprisonment has one of the circumstances listed in the preceding paragraph, has executed more than half of the original sentence, has always performed well during his sentence, and will not endanger society again after he is released from prison, the prison may allow him to leave prison to visit relatives according to the circumstances.

Article 58 A prison may give a warning, record a demerit or confine a prisoner in any of the following circumstances that disturb the supervision order:

(1) Gathering people to disturb prisons and normal order;

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

(3) bullying other criminals;

(four) theft, gambling, fighting, stirring up trouble;

(5) Having the ability to work, refusing to take part in labor or slacking off, and refusing to change after education;

(six) to avoid labor by means of self-injury, self-injury, etc.;

(7) Deliberately violating the operating rules or intentionally damaging the production tools in production and labor;

(eight) other acts in violation of the rules and regulations.

According to the provisions of the preceding paragraph, the term of imprisonment of criminals is from seven days to fifteen days.

If a criminal commits one of the acts listed in the first paragraph during his sentence, which constitutes a crime, he shall be investigated for criminal responsibility according to law.

Section 7 Handling of Crimes Committed by Criminals During Their Sentences

Article 59 A criminal who intentionally commits a crime while serving his sentence shall be given a heavier punishment according to law.

Article 60 Cases in which criminals commit crimes in prisons shall be investigated by prisons. After the investigation is completed, the opinions on prosecution or exemption from prosecution shall be submitted to the people's procuratorate together with the case files and evidence.

Chapter V Education and Reform of Criminals

Article 61 In educating and reforming criminals, the principles of teaching students in accordance with their aptitude, classifying education and convincing others by reasoning are implemented, and the methods of combining collective education with individual education and prison education with social education are adopted.

Article 62 A prison shall give ideological education to prisoners on the legal system, morality, situation, policies and future.

Article 63 A prison shall provide prisoners with literacy education, primary education and junior secondary education according to different situations. Those who pass the examination will be awarded corresponding academic certificates by the education department.

Article 64 A prison shall provide vocational and technical education to prisoners according to the needs of prison production and employment after their release from prison. Those who pass the examination shall be issued the corresponding technical grade certificate by the labor department.

Article 65 A prison encourages prisoners to teach themselves. If they pass the examination, the relevant departments will issue corresponding certificates.

Article 66 The culture and vocational and technical education of criminals shall be incorporated into the educational planning of the region where they are located. A prison shall set up classrooms, reading rooms and other necessary educational facilities.

Article 67 A prison shall organize prisoners to carry out appropriate sports activities and cultural and recreational activities.

Article 68 State organs, social organizations, armed forces, enterprises and institutions, people from all walks of life and relatives of criminals shall assist prisons in educating and reforming criminals.

Article 69 A criminal who has the ability to work must take part in labor.

Article 70 A prison shall, according to the individual circumstances of a prisoner, reasonably organize labor, so that he can correct bad habits, develop working habits, learn production skills, and create conditions for employment after his release from prison.

Article 71 The working hours of prisoners shall be implemented with reference to the relevant state regulations on working hours; Under special circumstances such as seasonal production, working hours can be adjusted.

Criminals have the right to rest on statutory holidays and rest days.

Article 72 A prison shall pay criminals who take part in labor in accordance with regulations and implement the provisions of the state on labor protection.

Article 73 If a prisoner is injured, disabled or dies at work, the prison shall handle it with reference to the relevant provisions of the state labor insurance.

Chapter VI Education and Reform of Juvenile Offenders

Article 74 Penalties for juvenile offenders shall be executed in reformatory for juvenile offenders.

Article 75 The execution of punishment for juvenile offenders should focus on education and reform. The work for juvenile offenders should conform to the characteristics of minors and focus on learning culture and production skills.

Prisons should cooperate with the state, society, schools and other educational institutions to provide necessary conditions for juvenile offenders to receive compulsory education.

Article 76 A juvenile offender who has reached the age of 18 and the remaining sentence is not more than two years may still serve the remaining sentence in a juvenile detention center.

Article 77 The relevant provisions of this Law shall apply to the management, education and reform of juvenile offenders if there are no provisions in this Chapter.

Chapter VII Supplementary Provisions

Article 78 This Law shall come into force as of the date of promulgation.