Why does it take more time to process a parole case and why is a parole case rejected even if it meets the provisions of Article 77 of the Criminal Code?
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- Last updated：2020-06-10
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Ans.: 1. A parole case must go through the process of submission, deliberation and approval. Besides, there are a lot of such cases in a month. To protect the rights and interests of the convict, a parole case takes more time than an ordinary case to process and, therefore, it leads to misunderstanding. The MOJ knows that the dependents are eager to have a reunion with the convicts, so we are trying hard to improve the process by increasing the efficiency so that a convict can return to society as early as and as smoothly as possible. 2. Although Paragraph 1, Article 77, of the Criminal Code provides that if there is evidence of repentance during the execution of imprisonment, a parole may be granted upon application by the prison authority to the highest judicial administrative authority after a convict has served more than 15 years of life imprisonment, 20 years for a repeated offence, and a half for a fixed-term imprisonment, and two-thirds of the sentence for a repeated offence, this shall not apply to fixed-term imprisonment that has been served for less than six months. Nevertheless, the foregoing provisions are just the mandatory conditions for a parole and they do not mean that a convict shall be paroled if he or she has served 15 years for a life sentence, one half or two-thirds for a fixed-term sentence. The times of offence, the situation of the offence, the impairment to society of the offence and the repentance of the convict during imprisonment must also be carefully evaluated before a parole is granted so as to ensure social justice and the merit of a parole.