A criminal sentenced to life imprisonment or fixed-term imprisonment may, after physical examination, temporarily not be put in prison under either of the following circumstances:

（一）有严重疾病需要保外就医的；

(1) if a criminal is seriouly ill and needs to be released on parole for medical treatment;

（二）怀孕或者正在哺乳自已婴儿的妇女。

or (2) if a criminal is a pregnant woman or a woman who is breast-feeding her own baby.

对前款所列暂不收监的罪犯，应当由交付执行的人民法院决定暂予监外执行。

With respect to a criminal temporarily not to be put in prison as provided in the preceding paragraph, the decision on temporary exectution outside prison shall be made by the people's court which handed the criminal over for the execution.

对其中暂予监外执行有社会危险性的，应当收监。

With respect to any such criminal whose temporary execution of the sentence outside prison constitutes a danger to the society, he shall be put in prison.

暂予监外执行的罪犯，由居住地公安机关执行刑罚。

If a criminal temporarily serves his sentence outside prison, the public security organ in the place of the criminal's residence shall execute the criminal punishment.

前款所列暂不收监的情形消失后，原判刑期尚未执行完毕的罪犯，由公安机关送交监狱收监。

After the circumstances specified in the preceding paragraph under which a criminal is temporarily not put in prison disappeared, the criminal who has not completed the execution of his original term of sentence shall be handed over to a prison for imprisonment by the public security organ.

第十八条罪犯收监，应当严格检查其人身和所携带的物品。

Article 18 When a criminal is put in prison, his or her body and the articles brought with him or her shall strictly be checked.

非生活必需品，由监狱代为保管或者征得罪犯同意退回其家属，违禁品予以没收。

The non- daily necessities shall be taken care of by the prison for the criminal or with the agreement of the criminal be returned to his or her families, and contraband goods shall be confiscated.

女犯由女性人民警察检查。

A female criminal shall be checked by a people's policewoman.

第十九条罪犯不得携带子女在监内服刑。

Article 19 A criminal may not bring his or her child with him or her to serve sentence in prison.

第二十条罪犯收监后，监狱应当通知罪犯家属。

Article 20 After a criminal is put in prison, the prison shall inform the criminal's family members.

通知书应当自收监之日起五日内发出。

A written notice shall be sent out within five days from the date when the criminal is put in prison.

第二节对罪犯提出的申诉、控告、检举的处理

SECTION 2 HANDLING OF PETITIONS, COMPLAINTS AND ACCUSATIONS MADE BY PRISONERS

第二十一条罪犯对生效的判决不服的，可以提出申诉。

Article 21 If a prisoner is not satisfied with the effective judgment, he may file a petition.

对于罪犯的申诉，人民检察院或者人民法院应当及时处理。

A people's procuratorate or a people's court shall without delay handle the petitions filed by prisoners.

第二十二条对罪犯提出的控告、检举材料，监狱应当及时处理或者转送公安机关或者人民检察院处理；

Article 22 A prison shall without delay handle the complaints or accusations made by prisoners, or transfer the above material to a public security organ or a people's procuratorate for handling.

公安机关或者人民检察院应当将处理结果通知监狱。

The public security organ or the people's procuratorate shall inform the prison of the result of its handling.

第二十三条罪犯的申诉、控告、检举材料，监狱应当及时转递，不得扣压。

Article 23 A prison shall transfer without delay the petitions, complaints and accusations made by prisoners and shall not withhold them.

第二十四条监狱在执行刑罚过程中，根据罪犯的申诉，认为判决可能有错误的，应当提请人民检察院或者人民法院处理；

Article 24 In the course of execution of the criminal punishment, if a prison believes on the basis of a prisoner's petition that the judgment may be wrongfully made, it shall refer the matter to a people's procuratorate or a people's court for handling.

人民检察院或者人民法院应当自收到监狱提请处理意见书之日起六个月内将处理结果通知监狱。

The people's procuratorate or the people's court shall notify the prison of the result of its handling within six months from the date of receiving the prison's written recommendation for handling.

第三节监外执行

SECTION 3 EXECUTION OUTSIDE PRISON

第二十五条对于被判处无期徒刑、有期徒刑在监内服刑的罪犯，符合刑事诉讼法规定的监外执行条件的，可以暂予监外执行。

Article 25 If a prisoner sentenced to life imprisonment or fixed-term imprisonment serving his sentence in prison complies with the conditions for execution outside prison as provided by the Criminal Procedure Law, he may be permitted to temporarily serve his sentence outside prison.

第二十六条暂予监外执行，由监狱提出书面意见，报省、自治区、直辖市监狱管理机关批准。

Article 26 For temporary execution outside prison, a written recommendation shall be made by a prison and submitted for approval to the administrative organ of prisons of the province, autonomous region or municipality directly under the Central Government.

批准机关应当将批准的暂予监外执行决定通知公安机关和原判人民法院，并抄送人民检察院。

The organ granting the approval shall notify the public security organ and the people's court making the original judgment of the decision on the approval of the temporary execution outside prison, and send a duplicate of its decision to the people's procuratorate.

人民检察院认为对罪犯适用暂予监外执行不当的，应当自接到通知之日起一个月内将书面意见送交批准暂予监外执行的机关；

If a people's procuratorate considers that it is improper to apply temporary execution outside prison to the prisoner, the people's procuratorate shall send its written opinions within one month from the date of receiving the notice to the organ that approved the temporary execution outside prison.

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