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Commuting Punishment to Community Service

  • Publication Date:
  • Last updated:2020-09-09
  • View count:370

I. Introduction to Community Service
Commuting punishment to community service is a kind of replacement of penalty for imprisonment for not more than six months, short-term imprisonment, or fine. The population of short-term imprisonment could be reduced and lessen the burden of prison by unpaid services than punishment execution. The performers can promote social value, maintain their family and social lives, reduce the impact and disadvantage influence of imprisonment to the performers by unpaid service.

II. Application for Commuting Punishment to Community Service
A. The sentenced person apply to the prosecutor
   1. In an offense that carries a maximum principal punishment of not more than five years’ imprisonment, if the offender is sentenced to imprisonment for not more than six months or short-term imprisonment, the punishment may be commuted to community service. If the afore-mentioned commuted fine is not applied, the punishment may be commuted to community service at a rate of a daily rate of six hours.
  2. In an offense that carries a maximum principal punishment of more than five years’ imprisonment, if an offender is sentenced to be imprisoned for not more than six months and commuted fine is not applicable, the offender may applicate for commuting punishment to community service.
  3. The offenders must applicate to restrict prosecutor office in person and submit a health examination document (e.g. chest X-ray). Prosecutors will review the application and decide to approve it or not.
  4. Execution of the punishment as imposed is manifestly difficult, the little corrective effect can be expected, or the legal order cannot be maintained.
B. Exception clause
  1. The periods of community service exceed a year.
  2. The punishment to be executed is imprisonment for more than six months with fines.
  3. The execution of social work is manifestly difficult because of health reasons.
  4. The punishment to be executed is imprisonment or commuting fine to labor

III. Execution for Commuting Punishment to Community Service
A. The performers of community service must obey corresponding regulations and affidavit, and commuting punishment to community service will be revoked for violation of the above provision.
B. In the period of execution of community service, the performers must afford all relevant expenses of transportation, meal, safety, and insurance besides accident insurance. The performers are responsible for compensation for damages if they cause any damage to the execution institution.
C. The performers execute community service which may be computed at the rate of six-hour social work for a day of imprisonment or fine.
D. The performers have no right to designate or choose in the assignation of execution intuition.

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