Interpretation of the Standing Committee of the National People's Congress on Paragraph 5 of Article 254 and Paragraph 2 of Article 257 of the Criminal Procedure Law of the People's Republic of China
(Adopted at the 8th session of the Standing Committee of the 12th National People's Congress on 24 April 2014)
In light of what is encountered in judicial practice, the Standing Committee of the National People's Congress has discussed the implication of Paragraph 5 of Article 254 and Paragraph 2 of Article 257 of the Criminal Procedure Law, and issues regarding which organ is responsible for organizing disease diagnosis and pregnancy check or identification of whether a criminal can live by him/herself, and which organ shall deliver a criminal who is taken in prison for execution of a criminal penalty if the people's court decides that the criminal may temporarily serve his/her sentence outside an incarceration facility. The interpretation is given as follows:
Where a criminal, before being handed over for execution of a criminal penalty, applies for temporarily serving his/her sentence outside an incarceration facility according to the law as he/she is suffering from a serious illness, is pregnant or is breast-feeding her own baby, or cannot live by himself/herself, the people's court shall be responsible for organizing the disease diagnosis, pregnancy check and identification of whether the criminal can live by himself/herself.
In accordance with Paragraph 2 of Article 257 of the Criminal Procedure Law, where a criminal temporarily serving his/her sentence outside an incarceration facility in accordance with the decision made by the people's court thereon is taken back to prison as he/she falls under the circumstance as specified in Paragraph 1 of Article 257 of the Criminal Procedure Law, after the decision on taking the criminal back to prison is made by the people's court, the public security organ shall deliver the criminal for execution of the criminal penalty in accordance with Paragraph 2 of Article 253 of the Criminal Procedure Law.
It is hereby announced.