目录

1.罪犯张松坚不予减刑案

2.罪犯奚中杰不予减刑案

3.罪犯陈雪冰不予减刑案

4.罪犯黎满泉不予假释案

5.罪犯车成义依法收监案

6.罪犯吴正减刑案

7.罪犯魏玉庆假释案

8.被告人李宏办理暂予监外执行案件中玩忽职守案

案例1

罪犯张松坚不予减刑案

——职务犯罪罪犯不认罪悔罪，依法不予减刑

（一）基本案情

罪犯张松坚，男，原安徽省滁州市人大常委会副主任（副厅级），1994年6月至2008年12月间先后任滁州市南谯区常务副区长、区长、区委书记、人大常委会主任、明光市委书记、市人大常委会主任等职。因犯受贿罪于2011年5月被判处无期徒刑，剥夺政治权利终身，并处没收个人全部财产，受贿所得现金428.3万元、购物卡7.08万元予以追缴。判决生效后交付执行。2014年11月，执行机关安徽省巢湖监狱向安徽省高级人民法院提出减刑建议，该院立案后将减刑建议书等材料通过互联网向社会公示，同年12月4日在巢湖监狱公开开庭审理本案，并邀请市人大代表旁听庭审。

安徽高院经审理查明，罪犯张松坚虽然在狱内遵守监规，积极劳动，服刑期间受到表扬3次，记功3次，表现较好，但庭审中，张松坚对原审认定的受贿事实仅承认不足10万元的礼金和购物卡，其他部分拒不认罪。另查明，案发后张松坚实际退出赃款163万余元。

（二）裁判结果

安徽高院认为，罪犯张松坚在服刑期间遵守法律和监规，积极参加劳动，表现较好，但在原判事实清楚，证据确实充分的情况下，仍否认原判认定的绝大部分犯罪事实，未能认识所犯罪行的严重性和社会危害性，不能认定其“认罪悔罪”。张松坚不符合法律规定的减刑条件，依法裁定不予减刑。减刑裁定书已在中国裁判文书网公布。

案例2

罪犯奚中杰不予减刑案

——原判为严重危害民生犯罪的罪犯，依法从严控制不予减刑

（一）基本案情

罪犯奚中杰，男，个体工商户。原判认定，2007年至2011年3月间奚中杰伙同他人生产盐酸克仑特罗原粉（俗称“瘦肉精”）2700余公斤，销售至河南、山东等八省市，给广大消费者身体健康及生命财产造成严重危害，并致公私财产遭受特别重大损失，仅济源双汇食品有限公司损失即达3400余万元，焦作市辖区生猪养殖户损失达1.61亿元。非法所得共250万元，奚中杰个人得160余万元。在共同犯罪中系主犯。2011年8月10日，人民法院以危险方法危害公共安全罪判处奚中杰无期徒刑，剥夺政治权利终身。宣判后交付河南省平原监狱执行刑罚。2014年4月14日，河南省平原监狱以罪犯奚中杰确有悔改表现为由，向河南省高级人民法院报请将其无期徒刑减为有期徒刑二十年，河南高院立案后将减刑建议书等材料通过互联网向社会公示，并于同年5月21日在平原监狱公开开庭审理了本案。

河南高院经审理查明，罪犯奚中杰在服刑期间能认罪悔罪，认真遵守法律法规及监规，积极参加学习和劳动，获表扬1次、记功1次。

（二）裁判结果

河南高院认为，罪犯奚中杰虽有悔改表现，但其所犯罪行严重，犯罪情节恶劣，社会危害及社会影响巨大，应从严控制减刑，遂依法作出对奚中杰不予减刑的裁定。减刑裁定书已在中国裁判文书网公布。

案例3

罪犯陈雪冰不予减刑案

——金融犯罪罪犯拒不退赃，依法不予减刑

（一）基本案情

罪犯陈雪冰，女，某公司退休职工，1954年12月13日出生，因犯集资诈骗罪于2011年3月被判处无期徒刑，剥夺政治权利终身，并处没收个人全部财产，继续追缴违法所得人民币875.59万元。判决生效后交付执行。执行机关安徽省未成年犯管教所以陈雪冰在服刑期间确有悔改表现为由，报请对其减刑。安徽省高级人民法院于2014年11月19日立案后，将减刑建议书等材料通过互联网向社会公示，并于12月4日公开开庭审理了本案。

安徽高院经审理查明，罪犯陈雪冰服刑期间，受到表扬3次，记功2次。另查明，原审认定陈雪冰以非法占有为目的，使用诈骗方法非法向他人集资，数额特别巨大，且陈雪冰案发后拒不供述赃款去向，至今未退出违法所得。

（二）裁判结果

安徽高院认为，罪犯陈雪冰作为金融犯罪罪犯，诈骗他人巨款，案发后拒不供述赃款去向，且至今不退赃，给被害人造成特别重大损失的社会影响未能消除，不能认定其“确有悔改表现”，依法裁定对其不予减刑。减刑裁定书已在中国裁判文书网公布。

案例4

罪犯黎满泉不予假释案

——职务犯罪罪犯未主动退赃、积极履行财产刑，黎某某依法不予假释

（一）基本案情

罪犯黎满泉，男，原中山火炬工业联合总公司工程经理，因犯受贿罪于2010年10月被判处有期徒刑八年，并处没收财产人民币5万元。判决生效后交付执行。广东省肇庆市中级人民法院于2012年10月30日对其减去有期徒刑一年零四个月。

执行机关广东省四会监狱以罪犯黎满泉在考核期间，确有悔改表现为由，报请对其予以假释。肇庆中院于2014年4月立案后，将假释建议书等材料通过互联网予以公示，并于同年5月15日公开开庭审理了本案。肇庆市、四会市六名人大代表受邀旁听庭审。

肇庆中院经审理查明，罪犯黎满泉虽在考核期间共获表扬6次，改造积极分子1次，但原判并处没收财产5万元，只缴纳1万余元，另外还有受贿所得赃款82万余元未退出。该犯未能提供个人家庭经济困难的证据材料证实其无能力履行财产刑。从黎满泉狱内的收支明细看，其服刑期间往来钱款较多，月零花消费超过400元，高于一般狱内消费水平，有一定的退赔履行能力。

（二）裁判结果

肇庆中院认为，罪犯黎满泉虽在服刑期间改造表现较好，但其系职务犯罪罪犯，未通过主动退赃、积极履行财产刑，消除其犯罪行为所产生的社会影响，尚不能认定为确有悔改表现，不符合假释条件， 对黎满泉不予假释。生效法律文书已通过互联网向社会公布。

案例5

罪犯车成义依法收监案

——职务犯罪罪犯暂予监外执行情形已经消失，不再符合暂予监外执行条件，及时依法收监执行刑罚

（一）基本案情

罪犯车成义，男，原中国农业银行齐齐哈尔分行风险管理部经理，因犯贪污罪于2012年3月被判处有期徒刑五年。2013年5月9日，经黑龙江省齐齐哈尔市第一医院司法鉴定中心鉴定，车成义患“高血压Ш期”疾病，齐齐哈尔市龙沙区人民法院决定对其暂予监外执行一年，执行期限自2013年5月10日起至2014年5月9日止。

2014年3月14日，齐齐哈尔市第一医院司法鉴定所鉴定，车成义患“多发脑梗死、脑萎缩、高血压Ш期”疾病，符合《罪犯保外就医疾病伤残范围》第三条即“高血压Ш期”之规定。后龙沙区法院依据有关从严把握“三类罪犯”暂予监外执行标准的规定，对车成义的病情进行了重新鉴定。2014年6月3日，经黑龙江省医院司法鉴定中心鉴定，车成义所患疾病为“高血压Ⅱ期”，不符合《罪犯保外就医的疾病伤残范围》的规定。

（二）裁判结果

龙沙区法院依法作出收监执行的决定，并及时将罪犯车成义收监继续执行剩余刑期。

案例6

罪犯吴正减刑案

——罪犯缓刑考验期间见义勇为构成重大立功,依法获得减刑

（一）基本案情

罪犯吴正，男，农民，因犯交通肇事罪于2012年1月被判处有期徒刑三年，缓刑三年，在湖南省汨罗市桃林镇接受社区矫正。缓刑考验期自2012年1月28日起至2015年1月27日止。

2014年4月，汨罗市司法局向湖南省岳阳市中级人民法院提出对罪犯吴正减刑的建议。岳阳中院立案后将减刑建议书等材料在吴正接受矫正的桃林镇社区和互联网同步公示，并于同年6月24日在桃林镇公开开庭审理了本案。当地居民及在该镇接受社区矫正的其他罪犯共四十余人参加了旁听。

岳阳中院经审理查明，罪犯吴正在社区矫正期间服从监管，接受教育改造，积极参加集中教育及社区服务等活动，表现良好。2013年5月4日，吴正在经过桃林镇枫树塘时，发现一名儿童溺水，遂不顾危险，跳入两米多深的水中将儿童救起。同年8月，吴正被汨罗市综治委授予“见义勇为”称号。2014年2月湖南省司法厅社区矫正管理局给予吴正重大立功奖励1次。

（二）裁判结果

岳阳中院认为，罪犯吴正在缓刑考验期间积极参加社区矫正部门组织的集中教育和社区服务活动，确有悔改表现并有重大立功表现，对其依法应予减刑。遂当庭宣告对吴正减刑七个月零三天并相应缩短缓刑考验期。社区矫正机关亦于当天为吴正办理了解除社区矫正的手续。减刑裁定书已在中国裁判文书网公布。

案例7

罪犯魏玉庆假释案

——罪犯确有悔改表现，没有再犯罪危险,依法获得假释

（一）基本案情

罪犯魏玉庆，男，南开大学毕业生，因犯招摇撞骗罪于2012年11月被判处有期徒刑三年零六个月。判决生效后交付河南省安阳市监狱服刑。魏玉庆服刑一年零九个月后，安阳监狱提出其确有悔改表现，建议对其假释。2014年9月安阳市中级人民法院受理该案后，将假释建议书等相关材料通过互联网向社会公示，同年9月12日公开开庭审理了本案，五名有关方面的代表受邀旁听了庭审。

安阳中院经审理查明，罪犯魏玉庆在服刑期间认罪悔罪、积极改造，获得表扬1次，记功1次。另查明：（1）林州市司法局出具的《社会调查评估报告》证实，魏玉庆家在农村，父母常年身体不好，家庭经济条件困难，其本人及家人平常无不良嗜好，与邻居关系相处和睦。其居住地村委会、邻居及其家属均表示愿意协助对其进行监管教育。（2）刑事判决书及谅解书证实，魏玉庆虽在犯罪中骗取他人一定数量的钱款，但案发后与被害人达成和解协议，全部退还所骗款项，取得了被害人谅解，社会影响不大。（3）魏玉庆具有较高文化程度，假释后有能力凭借自身的劳动获取生活来源。

（二）裁判结果

安阳中院认为，魏玉庆确有悔改表现，且假释后再犯罪的可能性较小，符合法律规定的假释条件。该院在充分听取有关方面代表意见的基础上，依法对魏玉庆作出准予假释的裁定。假释裁定书已在中国裁判文书网公布。

案例8

被告人李宏办理暂予监外执行案件中玩忽职守案

——原渭南市中级人民法院刑庭庭长李宏办理暂予监外执行案件玩忽职守被追究刑事责任

（一）基本案情

被告人李宏，男，原陕西省渭南市中级人民法院刑一庭副庭长。

罪犯李宏亮故意伤害他人被批准逮捕后，因患“恶性淋巴瘤”被侦查机关取保候审。2011年7月25日，渭南中院以故意伤害罪判处李宏亮有期徒刑十年，剥夺政治权利一年。2011年9月初，华县看守所所长王某向该案承办人李宏报送了李宏亮因病暂予监外执行的申报手续。李宏审查后提出缺少监狱的拒收证明，王某又到华山监狱通过个人关系，办理了华山监狱对李宏亮的拒收单并交给了李宏。此后，李宏将暂予监外执行的申报材料置于其办公桌内，既未召集合议庭成员进行合议，也未向本庭庭长、主管院长汇报，更未向公安机关交付执行，导致具有严重暴力倾向和极大社会危害性的罪犯李宏亮在判决刑罚后长期脱管，自由出入公共场所继续危害社会，2012年6月再次参与故意伤害犯罪致一人死亡。李宏的玩忽职守行为严重损害了司法机关的声誉，造成恶劣的社会影响。

（二）裁判结果

2014年12月吴堡县人民法院作出一审刑事判决，认定被告人李宏犯玩忽职守罪,判处有期徒刑二年。李宏提出上诉，目前本案正在二审审理中。

catalogue

1. Criminal Zhang Songjian's refusal to commute his sentence

2. Criminal Xi Zhongjie's refusal to commute his sentence

3. Criminal Chen Xuebing's refusal to commute his sentence

4. Criminal Li Manquan's Refusal to Parole Case

5. Criminal Che Chengyi's Lawful Prison Case

6. Criminal Wu Zheng's Commutation Case

7. Criminal Wei Yuqing Parole Case

8. Defendant Li Hong's negligence in handling a case of temporary execution outside prison

Case 1

Criminal Zhang Songjian's refusal to commute his sentence

——Offenders of duty crimes who do not confess and repent shall not be commuted in accordance with the law

（1） Basic facts of the case

Criminal Zhang Songjian, male, former Deputy Director (Deputy Department level) of the Standing Committee of the People's Congress of Chuzhou City, Anhui Province. From June 1994 to December 2008, he successively served as the Executive Deputy District Chief, District Chief, District Party Secretary, Director of the Standing Committee of the People's Congress, Secretary of the Mingguang Municipal Party Committee, and Director of the Standing Committee of the People's Congress of Nanqiao District, Chuzhou City. He was sentenced to life imprisonment in May 2011 for committing the crime of bribery, deprived of political rights for life, and confiscated all personal property. He also received 4.283 million yuan in cash and 70800 yuan in shopping cards as a means of recovery. After the judgment takes effect, it shall be delivered for execution. In November 2014, the executing agency Anhui Chaohu Prison proposed a commutation proposal to the Anhui Higher People's Court. After filing the case, the court made the commutation proposal and other materials publicly available to the public through the internet. On December 4 of the same year, the case was publicly heard at Chaohu Prison and representatives of the Municipal People's Congress were invited to attend the trial.

After a trial by the Anhui High Court, it was found that although the criminal Zhang Songjian complied with prison regulations, actively worked, received praise three times and recorded meritorious deeds three times during his sentence, and performed well, during the trial, Zhang Songjian only admitted less than 100000 yuan in gift money and shopping cards to the bribery facts determined in the original trial, and other parts refused to plead guilty. It was also found that after the incident, Zhang Songjian actually withdrew more than 1.63 million yuan from the stolen money.

（2） Judgment results

The Anhui High Court believes that the criminal Zhang Songjian complied with the law and prison regulations during his sentence, actively participated in labor, and performed well. However, despite the clear facts and sufficient evidence in the original verdict, he still denied the majority of the criminal facts determined in the original verdict, failed to recognize the seriousness and social harm of the crimes committed, and cannot be deemed to have "confessed and repented". Zhang Songjian did not meet the conditions for commutation stipulated by law and was ruled not to be commuted according to the law. The commutation ruling has been published on the China Judgment Document Network.

Case 2

Criminal Xi Zhongjie's refusal to commute his sentence

——Criminals originally convicted of crimes that seriously endanger people's livelihoods shall be strictly controlled according to law and their sentences shall not be reduced

（1） Basic facts of the case

Criminals Xi Zhongjie, male, self-employed business owner. The original judgment found that between 2007 and March 2011, Xi Zhongjie and others produced over 2700 kilograms of clenbuterol hydrochloride powder (commonly known as "lean meat powder"), which was sold to eight provinces and cities including Henan and Shandong, causing serious harm to the health and life and property of consumers, and causing particularly significant losses to public and private property. Jiyuan Shuanghui Food Co., Ltd. alone suffered losses of over 34 million yuan, and pig farmers in Jiaozuo City suffered losses of 161 million yuan. The illegal gains amounted to 2.5 million yuan, with Xi Zhongjie personally receiving over 1.6 million yuan. Being the principal offender in a joint crime. On August 10, 2011, the People's Court sentenced Xi Zhongjie to life imprisonment and deprived him of political rights for life for the crime of endangering public safety through dangerous methods. After the verdict was pronounced, he was handed over to Henan Plain Prison for execution of the sentence. On April 14, 2014, Henan Pingyuan Prison reported to the Henan Higher People's Court that the criminal Xi Zhongjie had indeed shown repentance and reduced his life imprisonment to 20 years of fixed-term imprisonment. After filing the case, the Henan High Court made the commutation proposal and other materials publicly available to the public through the internet. On May 21 of the same year, the case was publicly heard in Pingyuan Prison.

After trial by the Henan High Court, it was found that the criminal Xi Zhongjie was able to plead guilty and repent during his sentence, conscientiously abide by laws and regulations, and actively participate in learning and labor. He was praised once and meritorious once.

（2） Judgment results

The Henan High Court believed that although the criminal Xi Zhongjie showed signs of repentance, his crimes were serious, the circumstances of the crime were heinous, and the social harm and impact were enormous. Therefore, he should be strictly controlled for commutation of sentence, and made a ruling in accordance with the law not to commute his sentence. The commutation ruling has been published on the China Judgment Document Network.

Case 3

Criminal Chen Xuebing's refusal to commute his sentence

——Financial criminals refuse to return stolen goods and are not allowed to have their sentences reduced in accordance with the law

（1） Basic facts of the case

Criminal Chen Xuebing, female, a retired employee of a certain company, was born on December 13, 1954. She was sentenced to life imprisonment in March 2011 for committing fundraising fraud, deprived of political rights for life, and confiscated all personal property. She continued to pursue illegal gains of RMB 8.7559 million. After the judgment takes effect, it shall be delivered for execution. Chen Xuebing, the executing agency of the Anhui Provincial Juvenile Prison Correctional Office, has indeed shown repentance during his sentence and requested a reduction in his sentence. After filing the case on November 19, 2014, the Higher People's Court of Anhui Province made the commutation proposal and other materials publicly available to the public through the internet, and held a public hearing on December 4 to hear the case.

After trial, the Anhui High Court found that the criminal Chen Xuebing received three commendations and two meritorious deeds during his sentence. In addition, it was found that the original trial found that Chen Xuebing used fraudulent methods to illegally raise funds from others for the purpose of illegal possession, with a particularly large amount. After the incident, Chen Xuebing refused to disclose the whereabouts of the stolen funds and has not withdrawn from the illegal gains so far.

（2） Judgment results

The Anhui High Court believes that the criminal Chen Xuebing, as a financial criminal who defrauded others of huge sums of money, refused to disclose the whereabouts of the stolen money after the incident and has not returned the stolen money to this day. The social impact of causing particularly significant losses to the victim has not been eliminated, and it cannot be determined that he has "shown repentance". According to the law, he will not be sentenced to a reduction in sentence. The commutation ruling has been published on the China Judgment Document Network.

Case 4

Criminal Li Manquan's Refusal to Parole Case

——Li is not granted parole in accordance with the law as a duty criminal who has not voluntarily returned the stolen goods or actively fulfilled his property punishment

（1） Basic facts of the case

Criminals Li Manquan, male, former engineering manager of Zhongshan Torch Industry Joint Headquarters, was sentenced to eight years in prison in October 2010 for bribery and confiscation of property of RMB 50000. After the judgment takes effect, it shall be delivered for execution. On October 30, 2012, the Intermediate People's Court of Zhaoqing City, Guangdong Province reduced his fixed-term imprisonment by one year and four months.

The executing agency, Guangdong Province Sihui Prison, applied for parole for the criminal Li Manquan on the grounds that he had indeed shown repentance during the assessment period. After the Zhaoqing Intermediate People's Court filed the case in April 2014, materials such as the parole proposal were made public through the internet, and the case was heard in public on May 15 of the same year. Six representatives of the People's Congress of Zhaoqing City and Sihui City were invited to attend the trial.

After trial and investigation by the Zhaoqing Intermediate People's Court, it was found that although the criminal Li Manquan received praise 6 times and reform activists 1 time during the assessment period, the original sentence was to confiscate 50000 yuan of property and only pay more than 10000 yuan. In addition, there were more than 820000 yuan in bribes that were not withdrawn. The criminal failed to provide evidence of personal and family financial difficulties to prove his inability to fulfill the property penalty. From the income and expenditure details inside Li Manquan Prison, it can be seen that during his imprisonment, he had a large amount of money flowing in and out, with a monthly allowance of over 400 yuan, which is higher than the average consumption level inside the prison, and he has a certain ability to fulfill refunds and compensation.

（2） Judgment results

The Zhaoqing Intermediate People's Court believes that although the criminal Li Manquan performed well during his sentence, he was a duty criminal who did not actively return the stolen goods or fulfill the property penalty to eliminate the social impact of his criminal behavior. He cannot be deemed to have shown repentance and does not meet the conditions for parole, so he will not be granted parole. The effective legal documents have been announced to the public through the internet.

Case 5

Criminal Che Chengyi's Lawful Imprisonment Case

——The temporary execution of duty crimes by criminals outside of prison has disappeared, and they no longer meet the conditions for temporary execution outside of prison. They should be promptly imprisoned and executed according to law

（1） Basic facts of the case

Criminal Che Chengyi, male, former Manager of Risk Management Department of Qiqihar Branch of Agricultural Bank of China, was sentenced to five years in prison in March 2012 for committing corruption. On May 9, 2013, after being identified by the Judicial Appraisal Center of the First Hospital of Qiqihar City, Heilongjiang Province, Che Chengyi suffered from "hypertension Ш The People's Court of Longsha District, Qiqihar City has decided to temporarily sentence him out of prison for one year, with the execution period starting from May 10, 2013 and ending on May 9, 2014.

On March 14, 2014, the Judicial Appraisal Institute of Qiqihar First Hospital identified Che Chengyi as suffering from multiple cerebral infarction, cerebral atrophy, and hypertension Ш Period "disease, in accordance with Article 3 of the" Disability Scope of Criminals' Medical Treatment on parole ", namely" Hypertension Ш The regulation of "period". The Houlongsha District Court has re evaluated Che Chengyi's condition in accordance with the regulations on strictly grasping the standards for temporary execution outside prison for "three types of criminals". On June 3, 2014, after being identified by the Judicial Appraisal Center of Heilongjiang Provincial Hospital, Che Chengyi's illness was classified as "Phase II hypertension", which does not meet the requirements of the "Disability Scope of Diseases for Prisoners on parole".

（2） Judgment results

The Longsha District Court has made a decision to detain and execute the sentence in accordance with the law, and promptly detained the criminal Che Chengyi to continue the remaining sentence.

Case 6

Criminal Wu Zheng's Commutation Case

——During the probation period for a criminal's probation, the act of bravery and righteousness constitutes significant meritorious service, and the criminal is granted a reduction in sentence in accordance with the law

（1） Basic facts of the case

Criminal Wu Zheng, male, a farmer, was sentenced to three years in prison and suspended for traffic accident in January 2012. He received community correction in Taolin Town, Miluo City, Hunan Province. The probation period for probation starts from January 28, 2012 and ends on January 27, 2015.

In April 2014, the Judicial Bureau of Miluo City proposed to the Intermediate People's Court of Yueyang City, Hunan Province to reduce the sentence of criminal Wu Zheng. After the Yueyang Intermediate People's Court filed the case, the commutation proposal and other materials were simultaneously publicized in the Taolin Town community where Wu Zheng was undergoing correction and on the internet. On June 24 of the same year, the case was publicly heard in Taolin Town. More than 40 local residents and other criminals undergoing community correction in the town participated in the observation.

After trial, the Yueyang Intermediate People's Court found that the criminal Wu was under supervision during the community correction period, receiving education and reform, actively participating in activities such as centralized education and community services, and performing well. On May 4, 2013, Wu was passing by Fengshutang in Taolin Town when he found a child drowning. Despite the danger, he jumped into more than two meters of water and rescued the child. In August of the same year, Wu Zheng was awarded the title of "brave and righteous deeds" by the Miluo Comprehensive Governance Committee. In February 2014, the Community Correction Management Bureau of the Hunan Provincial Department of Justice awarded Wu Zheng a major merit award once.

（2） Judgment results

The Yueyang Intermediate People's Court believes that the criminal Wu is actively participating in centralized education and community service activities organized by the community correction department during the probation period, and has shown significant repentance and meritorious deeds. His sentence should be reduced in accordance with the law. So in court, Wu Zheng's sentence was reduced by seven months and three days, and the probation period was correspondingly shortened. The community correction authority also handled the procedures for Wu Zheng to terminate the community correction on the same day. The commutation ruling has been published on the China Judgment Document Network.

Case 7

Criminal Wei Yuqing Parole Case

——The criminal has indeed shown repentance and is no longer in danger of committing a crime, and has been granted parole in accordance with the law

（1） Basic facts of the case

Criminal Wei Yuqing, male, a graduate of Nankai University, was sentenced to three years and six months in prison in November 2012 for committing fraud and deception. After the judgment takes effect, he shall be delivered to Anyang City Prison in Henan Province to serve his sentence. After Wei Yuqing served one year and nine months in prison, Anyang Prison suggested that he should be released on parole after showing signs of repentance. After the Intermediate People's Court of Anyang City accepted the case in September 2014, relevant materials such as the parole proposal were made public to the public through the internet. On September 12 of the same year, the case was heard in public, and five representatives from relevant parties were invited to attend the trial.

After trial and investigation, the Anyang Intermediate People's Court found that the criminal Wei Yuqing confessed and actively reformed during his sentence, receiving praise once and recording merit once. Further investigation: (1) The "Social Investigation and Evaluation Report" issued by the Judicial Bureau of Linzhou City confirms that Wei Yuqing's family is located in a rural area, and his parents have been in poor health all year round. The family's economic conditions are difficult, and he and his family usually have no bad habits, and they get along well with their neighbors. The village committee, neighbors, and their families in their place of residence have expressed their willingness to assist in supervising and educating them. (2) The criminal judgment and letter of understanding confirm that although Wei Yuqing defrauded a certain amount of money from others in the crime, he reached a settlement agreement with the victim after the incident, fully refunded the deceived funds, and obtained the victim's understanding, with little social impact. (3) Wei Yuqing has a high level of education and is able to obtain a source of livelihood through his own labor after parole.

（2） Judgment results

The Anyang Intermediate People's Court believes that Wei Yuqing has indeed shown repentance and the likelihood of committing a crime again after parole is relatively low, which meets the conditions for parole stipulated by law. On the basis of fully listening to the opinions of relevant representatives, the court made a ruling granting parole to Wei Yuqing in accordance with the law. The parole ruling has been published on the China Judicial Documents Network.

Case 8

Defendant Li Hong's negligence in handling a case of temporary execution outside prison

——Li Hong, former President of the Criminal Tribunal of Weinan Intermediate People's Court, was held criminally responsible for dereliction of duty in handling a case of temporary execution outside prison

（1） Basic facts of the case

Defendant Li Hong, male, former Vice President of the Criminal First Division of the Intermediate People's Court of Weinan City, Shaanxi Province.

After Li Hongliang, the criminal, intentionally harmed others and was approved for arrest, he was released on bail by the investigation agency for "malignant lymphoma". On July 25, 2011, the Weinan Intermediate People's Court sentenced Li Hongliang to ten years in prison and one year in deprivation of political rights for intentional injury. In early September 2011, Wang, the director of Huaxian Detention Center, submitted the application procedures for Li Hongliang's temporary execution outside prison due to illness to the case handler Li Hong. After reviewing, Li Hong proposed the lack of a rejection certificate from the prison. Wang went to Huashan Prison to handle the rejection form for Li Hongliang through personal relationships and handed it over to Li Hong. Afterwards, Li Hong placed the application materials for temporary execution outside of prison in his desk. He neither summoned the members of the court for deliberation, nor reported to the president or president in charge of the court, nor delivered the execution to the public security organs. As a result, Li Hongliang, a criminal with a serious tendency towards violence and great social harm, was released from custody for a long time after being sentenced, and his free access to public places continued to endanger society, In June 2012, he participated in intentional injury crime again, resulting in one person's death. Li Hong's dereliction of duty has seriously damaged the reputation of the judicial organs and caused adverse social impacts.

（2） Judgment results

In December 2014, the People's Court of Wubao County issued a first instance criminal judgment, finding that the defendant Li Hong was guilty of dereliction of duty and sentenced to two years in prison. Li Hong filed an appeal, and the case is currently being tried in the second instance.