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Notice of the Communist Chinese Ministry of Justice on Printing and Distributing the "Regulations on the Work of Prison Scoring and Assessment of Criminals"

 


Sigui [2021] No. 3

The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and the Prison Administration Bureau of Xinjiang Production and Construction Corps:

The "Regulations on the Work of Prison Scoring and Assessment of Criminals" have been approved by the Central Political and Legal Committee. It is hereby issued to you, please implement it conscientiously.

For important information on implementation, please report it to the Prison Administration of the Ministry of Justice in a timely manner.

Ministry of Justice

August 24, 2021



Provisions on the Work of Prison Scoring and Assessment of Criminals


Chapter 1 General Provisions


Article 1 In order to correctly execute the punishment and standardize the work of prison scoring and assessment of criminals, these regulations are formulated in accordance with the "Prison Law of the People's Republic of China" and other relevant regulations and in light of the actual situation.

Article 2 Scoring and evaluating criminals is an important task for prisons to evaluate criminals' daily performance on the basis of daily scoring and grade assessment in accordance with management and reformation requirements. basic means.

Article 3 The work of prison scoring and assessment of criminals shall adhere to the Party's absolute leadership over prison work, adhere to the prison work policy of combining punishment and reform with the purpose of reforming people, adhere to strict norms in accordance with the law, adhere to fairness, impartiality and openness, and adhere to the direct and direct control of the prison people's police. A combination of assessment and collective evaluation.

Article 4 The score-based assessment shall be implemented from the day the criminal is admitted to prison. The daily score of 600 is divided into an assessment cycle, and the grade assessment shall be carried out in the month following the end of an assessment cycle.

Article 5 Prisons shall give convicts praise, material rewards or no rewards based on the results of the score-based assessment, and use the score-based assessment results as an important basis for implementing graded punishments for criminals and applying for commutation and parole in accordance with the law.

Article 6 Prisons shall establish a scoring and assessment working group, with the prison director as the team leader, the deputy prison director in charge of prison administration as the deputy team leader, and the heads of relevant departments as members, responsible for the organizational leadership of the scoring and assessment of criminals and research on major issues . The supervision area has established a scoring and assessment working group, with the head of the supervision area as the team leader and all the police in the supervision area as members, responsible for the specific implementation of the scoring and assessment of criminals.

The prison administration department of the prison is responsible for the daily work of the scoring and assessment working group, the full-time policemen designated by the prison district are responsible for the daily work of the scoring and assessment working group, and the supervision and education police are responsible for the daily scoring of criminals and making recommendations for rating.

Article 7 The work of  prison scoring and assessment of criminals shall implement the assessment work responsibility system. "Whoever assesses is responsible, whoever signs is responsible, and whoever is in charge is responsible." Responsible for life.

The judicial departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for guiding the work of scoring and evaluating criminals, and the Prison Administration Bureau shall be responsible for supervision and management.

Article 8 The work of prison scoring and evaluating criminals shall be subject to the supervision of discipline inspection and supervision organs, people's procuratorates, social organizations and the general public in accordance with the law.


Chapter 2 Contents and Standards of Daily Scoring


Article 9 The daily score is a quantitative evaluation of a criminal's daily reform performance, consisting of three parts: basic score, daily deduction, and special bonus. According to the content and standards of scoring, basic points are given to those who meet the standards. Those who fail to meet the standards or violate the regulations will be deducted on the basis of basic points, those with outstanding performance will be given extra points, and those who meet the special bonus points will be given special bonus points.

Article 10 The content of daily scoring is divided into three parts: supervision reform, education and cultural reform, and labor reform. The monthly basic score is 100 points, and the daily bonus points of each part shall not exceed 50% of the basic score. And the scores of each part shall not be substituted for each other.

Article 11 If the performance of criminal supervision and reform meets the following standards, 35 points will be given as basic points for the month:

(1) Abide by laws and regulations, supervisory rules and disciplines and codes of conduct;

(2) Subject to the management of the prison people's police, and truthfully report the situation of reform;

(3) Establish a correct sense of serving a sentence and identity, and have a correct attitude to reform;

(4) Care for public property and public health, pay attention to personal hygiene and civility;

(5) Practicing economy, opposing waste, and developing good habits such as saving water and food;

(6) Other circumstances of compliance with supervisory regulations and disciplines.

Article 12 If the performance of criminal education and cultural reform meets the following standards, 35 basic points will be awarded for the month:

(1) Obey the judgment of the court and confess guilt and repent;

(2) Receive ideological and political education and education on the rule of law, and understand the harm of crime;

(3) Accept the socialist core values ​​and the Chinese excellent traditional culture education;

(4) Participate in cultural, vocational and technical studies, and pass the examination results;

(5) Receive mental health education and cooperate with psychological tests;

(6) Participate in socialization activities such as family support and education, warning education organized by prisons;

(7) Participate in cultural and sports activities and establish a positive transformation mentality;

(8) Other situations of actively accepting education and cultural transformation.

Article 13 If the  performance of the criminal's reform through labor meets the following standards, 30 basic points will be awarded for the month:

(1) Accept labor education, master labor skills, and consciously establish a correct labor concept;

(2) Obey the assignment of labor positions and participate in labor on time;

(3) Conscientiously perform labor duties, complete labor tasks on time, and meet labor quality requirements;

(4) Comply with labor disciplines, operating procedures and production safety regulations;

(5) Take care of labor tools and products and save raw materials;

(6) Other circumstances of actively accepting labor reform.

Article 14: Criminals who have one of the following circumstances, which are verified to be true but not enough to be considered meritorious or major meritorious deeds, shall be given special bonus points:

(1) Reporting or exposing others' illegal or criminal acts or providing valuable clues for solving cases;

(2) timely reporting or stopping criminals from committing illegal and criminal acts on the spot;

(3) Reporting, exposing, or preventing criminals from self-injury and self-mutilation, suicide, or premeditated escape or murder;

(4) Reporting or exposing criminals for privately storing or using contraband;

(5) Discovering and reporting major safety hazards in a timely manner to avoid safety accidents;

(6) Being active in resisting natural disasters or dealing with safety accidents;

(7) Those who have made outstanding achievements in technological innovation or teaching labor production technology;

(8) The prison administration of the province, autonomous region, or municipality directly under the Central Government determines that there are other outstanding reform behaviors.

In principle, the total amount of special bonus points per year for criminals shall not exceed 300 points, and the single-time bonus points shall not exceed 100 points. Those who have the above-mentioned first to fifth situations are not subject to the total amount of annual bonus points.

Article 15 Where criminals receive warnings, demerits, or confinement punishments, their assessment points will be deducted by 100, 200, and 400 points respectively. If the assessment points are negative after the deduction, the negative points will be retained. Those who are punished by confinement will receive 0 points for the basic assessment during the confinement period.

Article 16 For criminals whose labor has been suspended due to force majeure, etc., the prison shall give points for reform through labor based on the actual situation and in light of their performance in reform through labor before the suspension.

Article 17 For criminals who have the ability to work but are unable to participate in labor due to hospitalization and rehabilitation, 0 points will be deducted from labor reform during the hospitalization and rehabilitation period. For those who are unable to participate in labor, the prison shall give them points for reform through labor based on their average points for reform through labor for the three months prior to their injury.

Article 18 Basic points are not given to criminals during their incarceration and education, but if there are situations where points are added or deducted, they should be recorded truthfully, and the corresponding points will be included in the first assessment cycle.

Prisons shall, according to the appraisal provided by the detention center, incorporate the performance of the criminal during the detention in the detention center into the bonus points and deductions during the prison education period, and include it in the first assessment cycle.

Article 19: The following criminals shall be scored strictly, the items for bonus points shall be strictly limited, and the total amount of bonus points shall be strictly controlled:

(1) Offenders of duty-related crimes;

(2) Disrupting the financial management order and criminals of financial fraud;

(3) Organizing, leading, participating in, sheltering, and condoning criminal criminals organized by underworld organizations;

(4) criminals endangering national security;

(5) Criminals who commit terrorist activities;

(6) Leaders of drug crime groups and repeat offenders;

(7) Repeat offenders;

(8) Criminals sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death sentences with suspension for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes;

(9) Criminals who should be strictly enforced by laws and regulations.

Article 20 For criminals who have been identified as incapable of working, such as old age, physical disability, serious illness, etc., the performance of labor reform will not be assessed, and the monthly basic score will be 100 points, including 50 points for supervision and reform, and 50 points for education and cultural reform. 50 points.


Chapter 3 Grade Evaluation


Article 21 : Grading is the comprehensive evaluation of prisoners' reformation performance in a period of assessment on the basis of daily scoring, and is divided into three levels: positive, qualified, and unqualified.

The grading results are reviewed by the grading and assessment working group and reported to the grading and assessment working group for approval. The percentage of positive grades is determined by the grading and assessment working group, and shall not exceed 15% of the total number of prisoners participating in the grading assessment in the current period.

Article 22 A criminal who falls under any of the following circumstances within an assessment cycle shall not be rated as positive:

(1) A single deduction of more than 10 points for violations of regulations and disciplines;

(2) Any part of the monthly assessment score is lower than its basic score;

(3) Those who were rated as unqualified in the previous assessment cycle;

(4) Those who have the ability to perform but fail to perform or not fully perform the property judgment in the effective judgment;

(5) Circumstances where the prison administration bureau of the province, autonomous region, or municipality directly under the Central Government clearly cannot be rated as a positive grade.

Article 23 A criminal who falls under any of the following circumstances within an assessment cycle shall be rated as unqualified:

(1) Words and deeds that violate the Constitution regarding the leadership of the Communist Party of China and the system of socialism with Chinese characteristics;

(2) Words and deeds that endanger ethnic unity or national unity;

(3) Words and deeds that distort or smear the fine traditional Chinese culture, revolutionary culture and advanced socialist culture;

(4) Advocating violent terrorist activities or religious extremism;

(5) Those who promote or practice Falun Gong and other cults;

(6) Opposing the management of the prison people's police by means of insults, threats, self-harm and self-mutilation, and the warning is invalid;

(7) Received two or more warnings or demerit punishments;

(8) Being punished by confinement;

(9) There are more than three monthly assessment scores below 60;

(10) Circumstances in which the prison administration bureau of the province, autonomous region, or municipality directly under the Central Government clearly should be rated as unqualified.

Article 24 The criminals listed in Article 19 of these regulations shall be strictly controlled in terms of positive rating.


Chapter 4 Assessment Procedures and Rules


Article 25 When the score-based assessment working group and score-based assessment working group study the assessment matters, the decision made shall be approved by more than two-thirds of the members.

Dissenting opinions should be truthfully recorded and confirmed by the person themselves.

Article 26 "Daily records, weekly reviews, and monthly summaries" are implemented for daily scoring. The disciplinary police in the supervision area record the addition and deduction of criminals' reformation behaviors on a daily basis. The scoring and assessment working group reviews the criminals' reformation performance and assessment every week, and summarizes the assessment scores every month.

Article 27: When adding or deducting points for criminals, the police in the supervision area shall base on facts, make suggestions in accordance with laws and regulations, and report to the scoring and assessment working group for research and decision.

For criminals who violate regulations and disciplines with clear facts and conclusive evidence, and a deduction of less than 2 points is applied for a single time, the supervision and education police can make a decision on the spot and report it to the scoring and assessment working group for the record.

For a single application of the extra points of 5 points or more, the deduction of points of more than 10 points, and the special extra points, the scoring and assessment working group shall report to the scoring and assessment working group for approval.

Article 28: Where a criminal falls under the same circumstance for multiple points addition or deduction, points shall be added or deducted according to the highest point value, and points shall not be added or deducted repeatedly.

Article 29 Where a criminal obtains assessment points by taking advantage of personal influence and social relations, providing false certification materials, bribery and other improper means, the score shall be cancelled, and points shall be deducted or punished according to the seriousness of the circumstances.

Article 30 If a criminal commits another crime while serving a sentence in prison, the existing assessment points and rewards shall be cancelled, and the assessment shall be re-assessed from the date when the judgment takes effect or when he is admitted to prison. Continue to check from today.

Article 31 : Convicts are temporarily suspended for the period of time serving outside prison, and the assessment will be continued from the day they are admitted to prison. The original assessment points and rewards are valid. If a person is admitted to prison for violating the regulations on the supervision and administration of temporary execution outside prison, the existing assessment points and rewards will be cancelled, and the assessment will be re-assessed from the date of admission; if the assessment points are negative, the negative points will be retained and the assessment will continue from the date of admission. .

Article 32 If a  criminal is admitted to prison for violating the supervision and management regulations during the period of parole, the existing assessment points and rewards shall be cancelled, and the assessment shall be re-assessed from the date of admission.

Article 33: Where a criminal is placed on file for investigation on suspicion of a crime, the scoring and assessment shall be suspended during the investigation period. If it is verified that there are illegal or criminal acts, the basic points of the assessment during the investigation period will be deducted 0 points; if it is verified that there is no criminal act, the assessment points of the criminal during the investigation period shall be calculated according to the average assessment score of the criminal 3 months before filing the case and combined with the performance during the investigation period; If the previous assessment is less than 3 months, the daily average score will be calculated.

Where criminals are investigated in isolation due to suspected violations of regulations and disciplines, refer to implementation.

Article 34 If a  criminal needs to be returned to investigation, prosecution or trial due to the handling of the case by the case-handling organ, and the people's court finds that a crime is constituted, the existing assessment points and rewards shall be cancelled, and the assessment shall be re-assessed from the date of admission to prison; the assessment points are: Negative points, keep the negative points. However, if the criminal voluntarily confesses the crime of omission, the people's procuratorate lodges a protest due to the improper sentencing of the people's court, or the case is dismissed because the case was not settled before entering the prison, the existing assessment points and rewards shall be retained, and the assessment shall be continued from the date of admission.

If the case-handling organ or the people's court finds that a crime does not constitute a crime, the sentence is changed to a lighter sentence after retrial, or the case-handling organ is revoked due to reasons such as testimony, the existing assessment points and rewards shall be retained and calculated based on the average assessment score of the 3 months prior to the retrial. The assessment score during the revocation period; if the assessment is less than 3 months before the revocation, the daily average score will be calculated.

Article 35 Except for cases that are not suitable for publicity, such as reporting violations of laws and disciplines, providing valuable clues for solving cases, etc., the criminals' bonus points, deductions, monthly scores and grade evaluation results shall be publicized in the prison area in a timely manner, and the publicity time shall not be less than 3 working days.

Article 36 If a  criminal has any objection to the addition, deduction, monthly score and grade assessment results, he may submit a written review to the scoring and assessment working group within 3 working days from the date when the disciplinary police in the supervision district makes a decision or makes it public Application; if it is really difficult for me to write, someone else can write it on my behalf, and I will sign it and press my fingerprint to confirm it. The scoring and assessment working group shall conduct a review, make a written review opinion within 5 working days, and submit a copy to the scoring and assessment working group.

If a criminal has any objection to the review opinions of the scoring and assessment working group, he may submit a written application for review to the scoring and assessment working group within 3 working days from the date of receiving the review opinion; Make a written review opinion within working days, and send a copy to the people's procuratorate in a timely manner. The review opinion of the scoring and assessment working group is the final decision.

Article 37 Where a  criminal is transferred, the transfer-out prison shall hand over the relevant materials for scoring and assessment to the receiving prison at the same time, and the receiving prison shall continue the scoring-based assessment.


Chapter 5 Application of Assessment Results


Article 38 At the end of an assessment cycle, the scoring assessment working group shall report to the scoring assessment working group for approval according to the scoring assessment results and in accordance with the following principles:

(1) Those who are rated as positive will be praised, and may be given material rewards at the same time;

(2) Those who are rated as qualified and whose monthly assessment scores are not lower than the basic score shall be commended;

(3) Material rewards will be given to those who are rated as qualified but with any monthly assessment score lower than the basic score;

(4) Those who are rated as unqualified shall not be rewarded and shall be given criticism and education.

At the end of an assessment period, 600 points will be deducted from the assessment points, and the remaining assessment points will be transferred to the next assessment period.

Article 39 If the  prison decides to give praise, material reward, not reward, or cancel the assessment points and rewards, it shall be publicized in the prison area in a timely manner, and the publicity time shall not be less than 3 working days. sent to the People's Procuratorate.

Article 40 : Prisons may, in addition to rewarding or not rewarding criminals according to the results of the score-based assessment, may, in accordance with relevant regulations, give criminals different treatment in terms of scope of activities, meetings and correspondence, living conditions, cultural and sports activities, etc.

Article 41 : The results of the prison's scoring and assessment of criminals, the corresponding commendation decisions, and relevant evidence materials shall be submitted to the people's court and the people's procuratorate when applying for commutation or parole in accordance with the law.


Chapter VI Assessment Discipline and Supervision


Article 42: If the  prison people's police and relevant staff have any of the following circumstances in the work of scoring and evaluating criminals, they shall be dealt with in accordance with discipline and law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Fabricating facts, forging materials, accepting property or accepting food and beverages;

(2) Greeting and interfering or exerting pressure, and intervening in the pre-assessment assessment;

(3) Scoring and assessing criminals beyond the scope of duties or without a collective research decision;

(4) Concealing or destroying the materials reported by criminals and objections;

(5) Loss or damage of the scoring and assessment ledger or materials due to intentional or gross negligence;

(6) Deliberately delaying registration, making wrong records, or tampering with the scoring and assessment ledger or materials;

(7) Violating the rules of procedure for scoring and assessment, and individuals or a few people decide the matters of scoring and assessment;

(8) Refusing to implement or changing the matters decided by the collective without authorization;

(9) Conducting criminal scoring assessments in violation of regulations in the name of collective research;

(10) Other violations of laws and regulations.

Article 43 In the work of scoring and evaluating criminals, the prison area shall strictly implement various rules and regulations, and hold at least one work meeting for scoring and evaluating criminals every month to summarize the scoring and evaluation work, evaluate the work of disciplinary police, and standardize and improve work behaviors. . The proceedings of the meeting shall be reported to the prison in a timely manner.

Article 44: Prisons shall conduct regular or irregular inspections on the work of scoring and evaluating criminals, hold at least one work meeting for scoring and evaluating criminals every quarter, listen to the work report of the scoring and evaluation working group, and summarize and improve the scoring and evaluation work. The meeting shall be reported to the Prison Administration in a timely manner. In case of major or common problems, they should analyze and judge, put forward opinions and suggestions, and ask for instructions or report to the Prison Administration.

Article 45 The prison administrations of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the supervision and management of the work of scoring and evaluating criminals in prisons, and promptly study and solve major policies and problems that are strongly reflected in the work of scoring and evaluating criminals, and conduct at least once every six months. Spot check and urge rectification of hidden problems. Major work situations should be promptly requested or reported to the Justice Department (Bureau).

Article 46 The judicial departments (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the guidance on the work of prison scoring and assessment of criminals, and listen to special reports from the Prison Administration Bureau at least once a year.

Article 47 The party committee (party group) of the judicial department (bureau) of the province, autonomous region, and municipality directly under the Central Government, the party committee of the prison administration, the party committee of the prison, and the party organization of the prison district shall include the work of scoring and evaluating criminals into the important agenda, strengthen leadership and supervision, and conduct discipline inspections. Supervision departments perform their supervisory responsibilities, make good use of the "four forms" of supervision and discipline, and investigate responsibilities according to discipline and law.

Article 48: Prisons shall regularly notify the people's procuratorate of the regulations and work progress of the system for scoring and evaluating criminals, and invite the people's procuratorate to send staff to participate in the work conference for scoring and evaluating criminals to listen to opinions and suggestions.

Article 49: Prisons shall immediately investigate and verify if the people's procuratorate finds in the procuratorial work that there are violations of laws and regulations in the work of scoring and evaluating criminals.

If there is no objection to the correction opinion, it shall be corrected within 5 working days and the result of correction shall be notified to the people's procuratorate in writing; if there is any objection to the correction opinion, the situation or reasons shall be explained to the people's procuratorate in writing.

Article 50 : Prison discipline inspection departments shall set up reporting mailboxes in prison interview rooms and prison areas to promptly accept points and assessment issues reported by prisoners and their relatives or guardians.

Article 51 : Prisons shall, in accordance with the relevant provisions on the disclosure of prison affairs, disclose to the general public the content and work procedures of the score-based assessment, and to the relatives or guardians of the criminals the status of the criminals' assessments and the methods for handling objections to the results.

Prisons shall, by employing social supervisors, convening representative meetings of relatives or guardians of criminals, etc., announce the scoring and assessment work, listen to opinions and suggestions, and consciously accept social supervision.

Prisons should focus on the role of criminals in mutual education and mutual supervision, and through individual conversations and other means to understand the situation and listen to opinions and feedback.

Article 52 Prisons shall, in accordance with the relevant regulations on archives management, maintain all kinds of ledger materials of criminals for scoring and assessment, ensure that the criminals are left with traces throughout the work of scoring and assessment, prevent tampering, loss or damage, and ensure that special personnel are in charge of them. file for reference.

Article 53 The judicial departments (bureaus), prison administrations, and prisons of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the law, ensure the proper performance of their duties by the prison people's police in scoring and assessing criminals. The people's police shall investigate and clarify in a timely manner, and hold relevant personnel accountable in accordance with the law; the prison people's police with outstanding work performance shall be commended and rewarded in a timely manner.

Article 54 If the  judicial departments (bureaus), prison administrations, prisons and their staff of provinces, autonomous regions and municipalities directly under the Central Government violate these regulations in the work of scoring and assessing criminals, they shall, according to the seriousness of the circumstances, punish the relevant responsible persons in accordance with discipline. deal with according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.


Chapter VII Supplementary Provisions


Article 55 The judicial departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with these regulations and in light of the local conditions, formulate detailed rules for scoring and assessment work, and report them to the Ministry of Justice for the record.

Article 56 The term "above" and "below" in these regulations includes the present number; the term "dissatisfaction" does not include the present number.

Article 57 These regulations shall come into force on October 1, 2021. The Ministry of Justice's "Regulations on Scoring and Examining Criminals" (Si Fa Tong [2016] No. 68) shall be repealed at the same time.

司法部关于印发《监狱计分考核

罪犯工作规定》的通知


司规〔2021〕3号

各省、自治区、直辖市司法厅(局),新疆生产建设兵团监狱管理局:

《监狱计分考核罪犯工作规定》已经中央政法委审批同意。现印发你们,请认真贯彻执行。

贯彻执行中的重要情况,请及时报司法部监狱管理局。

司 法 部

2021年8月24日



监狱计分考核罪犯工作规定


第一章 总  则


第一条 为正确执行刑罚,规范监狱计分考核罪犯工作,根据《中华人民共和国监狱法》等有关规定,结合实际,制定本规定。

第二条 计分考核罪犯是监狱按照管理和改造要求,以日常计分为基础、等级评定为结果,评价罪犯日常表现的重要工作,是监狱衡量罪犯改造质量的基本尺度,是调动罪犯改造积极性的基本手段。

第三条 监狱计分考核罪犯工作应当坚持党对监狱工作的绝对领导,坚持惩罚与改造相结合、以改造人为宗旨的监狱工作方针,坚持依法严格规范,坚持公平公正公开,坚持监狱人民警察直接考核和集体评议相结合。

第四条 计分考核自罪犯入监之日起实施,日常计分满600分为一个考核周期,等级评定在一个考核周期结束次月进行。

第五条 监狱应当根据计分考核结果给予罪犯表扬、物质奖励或者不予奖励,并将计分考核结果作为对罪犯实施分级处遇、依法提请减刑假释的重要依据。

第六条 监狱成立计分考核工作组,由监狱长任组长,分管狱政管理的副监狱长任副组长,有关部门负责人为成员,负责计分考核罪犯工作的组织领导和重大事项研究。监区成立计分考核工作小组,由监区长任组长,监区全体民警为成员,负责计分考核罪犯工作的具体实施。

监狱的狱政管理部门承担计分考核工作组日常工作,监区指定的专职民警负责计分考核工作小组日常工作,监区管教民警负责罪犯日常计分和提出等级评定建议。

第七条 监狱计分考核罪犯工作实行考核工作责任制,“谁考核谁负责、谁签字谁负责、谁主管谁负责”,监狱人民警察及相关工作人员在职责范围内对计分考核罪犯工作质量终身负责。

省、自治区、直辖市司法厅(局)对计分考核罪犯工作承担指导责任,监狱管理局承担监督管理责任。

第八条 监狱计分考核罪犯工作应当依法接受纪检监察机关、人民检察院、社会团体和人民群众的监督。


第二章 日常计分的内容和标准


第九条 日常计分是对罪犯日常改造表现的定量评价,由基础分值、日常加扣分和专项加分三个部分组成,依据计分的内容和标准,对达到标准的给予基础分,达不到标准或者违反规定的在基础分基础上给予扣分,表现突出的给予加分,符合专项加分情形的给予专项加分,计分总和为罪犯当月考核分。

第十条 日常计分内容分为监管改造、教育和文化改造、劳动改造三个部分,每月基础总分为100分,每月各部分日常加分分值不得超过其基础分的50%,且各部分得分之间不得相互替补。

第十一条 罪犯监管改造表现达到以下标准的,当月给予基础分35分:

(一)遵守法律法规、监规纪律和行为规范;

(二)服从监狱人民警察管理,如实汇报改造情况;

(三)树立正确的服刑意识和身份意识,改造态度端正;

(四)爱护公共财物和公共卫生,讲究个人卫生和文明礼貌;

(五)厉行节约,反对浪费,养成节约用水、节约粮食等良好习惯;

(六)其他遵守监规纪律的情形。

第十二条 罪犯教育和文化改造表现达到以下标准的,当月给予基础分35分:

(一)服从法院判决,认罪悔罪;

(二)接受思想政治教育和法治教育,认识犯罪危害;

(三)接受社会主义核心价值观和中华优秀传统文化教育;

(四)参加文化、职业技术学习,考核成绩合格;

(五)接受心理健康教育,配合心理测试;

(六)参加监狱组织的亲情帮教、警示教育等社会化活动;

(七)参加文体活动,树立积极改造心态;

(八)其他积极接受教育和文化改造的情形。

第十三条 罪犯劳动改造表现达到以下标准的,当月给予基础分30分:

(一)接受劳动教育,掌握劳动技能,自觉树立正确劳动观念;

(二)服从劳动岗位分配,按时参加劳动;

(三)认真履行劳动岗位职责,按时完成劳动任务,达到劳动质量要求;

(四)遵守劳动纪律、操作规程和安全生产规定;

(五)爱护劳动工具和产品,节约原材料;

(六)其他积极接受劳动改造的情形。

第十四条 罪犯有下列情形之一,经查证属实且尚不足认定为立功、重大立功的,应当给予专项加分:

(一)检举、揭发他人违法犯罪行为或者提供有价值破案线索的;

(二)及时报告或者当场制止罪犯实施违法犯罪行为的;

(三)检举、揭发、制止罪犯自伤自残、自杀或者预谋脱逃、行凶等行为的;

(四)检举、揭发罪犯私藏或者使用违禁品的;

(五)及时发现和报告重大安全隐患,避免安全事故的;

(六)在抗御自然灾害或者处置安全事故中表现积极的;

(七)进行技术革新或者传授劳动生产技术成绩突出的;

(八)省、自治区、直辖市监狱管理局认定具有其他突出改造行为的。

罪犯每年度专项加分总量原则上不得超过300分,单次加分不得超过100分,有上述第一至五项情形的不受年度加分总量限制。

第十五条 罪犯受到警告、记过、禁闭处罚的,分别扣减考核分100分、200分、400分,扣减后考核积分为负分的,保留负分。受到禁闭处罚的,禁闭期间考核基础分记0分。

第十六条 对因不可抗力等被暂停劳动的罪犯,监狱应当根据实际情况并结合其暂停前的劳动改造表现给予劳动改造分。

第十七条 对有劳动能力但因住院治疗和康复等无法参加劳动的罪犯,住院治疗和康复期间的劳动改造分记0分,但罪犯因舍己救人或者保护国家和公共财产等情况受伤无法参加劳动的,监狱应当按照其受伤前3个月的劳动改造平均分给予劳动改造分,受伤之前考核不满3个月的按照日平均分计算。

第十八条 罪犯入监教育期间不给予基础分,但有加分、扣分情形的应当如实记录,相应分值计入第一个考核周期。

监狱应当根据看守所提供的鉴定,将罪犯在看守所羁押期间的表现纳入入监教育期间的加分、扣分,并计入第一个考核周期。

第十九条 对下列罪犯应当从严计分,严格限制加分项目,严格控制加分总量:

(一)职务犯罪罪犯;

(二)破坏金融管理秩序和金融诈骗犯罪罪犯;

(三)组织、领导、参加、包庇、纵容黑社会性质组织犯罪罪犯;

(四)危害国家安全犯罪罪犯;

(五)恐怖活动犯罪罪犯;

(六)毒品犯罪集团的首要分子及毒品再犯;

(七)累犯;

(八)因故意杀人、强奸、抢劫、绑架、放火、爆炸、投放危险物质或者有组织的暴力犯罪被判处十年以上有期徒刑、无期徒刑以及死刑缓期执行的罪犯;

(九)法律法规规定应当从严的罪犯。

第二十条 对老年、身体残疾、患严重疾病等经鉴定丧失劳动能力的罪犯,不考核劳动改造表现,每月基础总分为100分,其中监管改造基础分50分,教育和文化改造基础分50分。


第三章 等级评定


第二十一条 等级评定是监狱在日常计分基础上对罪犯一个考核周期内改造表现的综合评价,分为积极、合格、不合格三个等级。

等级评定结果由计分考核工作小组研究意见,报计分考核工作组审批,其中积极等级的比例由计分考核工作组确定,不得超过监狱本期参加等级评定罪犯总人数的15%。

第二十二条 罪犯在一个考核周期内,有下列情形之一的,不得评为积极等级:

(一)因违规违纪行为单次被扣10分以上的;

(二)任何一部分单月考核得分低于其基础分的;

(三)上一个考核周期等级评定为不合格的;

(四)确有履行能力而不履行或者不全部履行生效裁判中财产性判项的;

(五)省、自治区、直辖市监狱管理局明确不得评为积极等级的情形。

第二十三条 罪犯在一个考核周期内,有下列情形之一的,应当评为不合格等级:

(一)有违背宪法关于中国共产党领导、中国特色社会主义制度言行的;

(二)有危害民族团结或者国家统一言行的;

(三)有歪曲、抹黑中华优秀传统文化、革命文化和社会主义先进文化言行的;

(四)有鼓吹暴力恐怖活动或者宗教极端思想言行的;

(五)宣传、习练法轮功等邪教的;

(六)以辱骂、威胁、自伤自残等方式对抗监狱人民警察管理,经警告无效的;

(七)受到两次以上警告或者记过处罚的;

(八)受到禁闭处罚的;

(九)有三次以上单月考核分低于60分的;

(十)省、自治区、直辖市监狱管理局明确应当评为不合格等级的情形。

第二十四条 对本规定第十九条所列罪犯,在积极等级评定上应当从严掌握。


第四章 考核程序及规则


第二十五条 计分考核工作组、计分考核工作小组研究考核事项时,作出的决定应当经三分之二以上组成人员同意后通过。

对不同意见,应当如实记录在案,并由本人签字确认。

第二十六条 日常计分实行“日记载、周评议、月汇总”。监区管教民警每日记载罪犯改造行为加分、扣分情况,计分考核工作小组每周评议罪犯改造表现和考核情况,每月汇总考核分,不足月的按日计算。

第二十七条 对罪犯加分、扣分,监区管教民警应当以事实为依据,依法依规提出建议,报计分考核工作小组研究决定。

对罪犯违规违纪行为事实清楚、证据确凿,且单次适用分值2分以下的扣分,监区管教民警可以当场作出决定,并报计分考核工作小组备案。

对单次适用分值5分以上的加分、10分以上的扣分和专项加分,由计分考核工作小组报计分考核工作组审批。

第二十八条 罪犯同一情形符合多项加分、扣分情形的,应当按照最高分值给予加分、扣分,不得重复加分、扣分。

第二十九条 罪犯通过利用个人影响力和社会关系、提供虚假证明材料、贿赂等不正当手段获得考核分的,应当取消该项得分,并根据情节轻重给予扣分或者处罚。

第三十条 罪犯在监狱服刑期间又犯罪的,取消已有的考核积分和奖励,自判决生效或者收监之日起重新考核;考核积分为负分的,保留负分,自判决生效或者收监之日起继续考核。

第三十一条 罪犯暂予监外执行期间暂停计分考核,自收监之日起继续考核,原有的考核积分和奖励有效。因违反暂予监外执行监督管理规定被收监执行的,取消已有的考核积分和奖励,自收监之日起重新考核;考核积分为负分的,保留负分,自收监之日起继续考核。

第三十二条 罪犯在假释期间因违反监督管理规定被收监的,取消已有的考核积分和奖励,自收监之日起重新考核。

第三十三条 罪犯因涉嫌犯罪被立案侦查的,侦查期间暂停计分考核。经查证有违法犯罪行为的,侦查期间的考核基础分记0分;经查证无犯罪行为的,按照罪犯立案前3个月考核平均分并结合侦查期间的表现计算其侦查期间的考核分;立案前考核不满3个月的按照日平均分计算。

罪犯因涉嫌违规违纪被隔离调查的,参照执行。

第三十四条 罪犯因办案机关办理案件需要被解回侦查、起诉或者审判,经人民法院审理认定构成犯罪的,取消已有的考核积分和奖励,自收监之日起重新考核;考核积分为负分的,保留负分。但罪犯主动交代漏罪、人民检察院因人民法院量刑不当提出抗诉或者因入监前未结案件被解回的,保留已有的考核积分和奖励,自收监之日起继续考核。

办案机关或者人民法院认定不构成犯罪、经再审改判为较轻刑罚或者因作证等原因被办案机关解回的,保留已有的考核积分和奖励,并按照解回前3个月考核平均分计算其解回期间的考核分;解回前考核不满3个月的按照日平均分计算。

第三十五条 除检举违法违纪行为、提供有价值破案线索等不宜公示的情形外,罪犯加分、扣分、每月得分和等级评定结果应当及时在监区内公示,公示时间不少于3个工作日。

第三十六条 罪犯对加分、扣分、每月得分和等级评定结果有异议的,可以自监区管教民警作出决定或者公示之日起3个工作日内向计分考核工作小组提出书面复查申请;本人书写确有困难的,可由他人代为书写,本人签名、按捺手印予以确认。计分考核工作小组应当进行复查,于5个工作日内作出书面复查意见,并抄报计分考核工作组。

罪犯对计分考核工作小组的复查意见有异议的,可以自收到复查意见之日起3个工作日内向计分考核工作组提出书面复核申请;计分考核工作组应当进行复核,于5个工作日内作出书面复核意见,并及时抄送人民检察院。计分考核工作组的复核意见为最终决定。

第三十七条 罪犯转押的,转出监狱应当同时将计分考核相关材料移交收押监狱,由收押监狱继续计分考核。


第五章 考核结果运用


第三十八条 一个考核周期结束,计分考核工作小组应当根据计分考核结果,按照以下原则报计分考核工作组审批:

(一)被评为积极等级的,给予表扬,可以同时给予物质奖励;

(二)被评为合格且每月考核分均不低于基础分的,给予表扬;

(三)被评为合格等级但有任何一个月考核分低于基础分的,给予物质奖励;

(四)被评为不合格等级的,不予奖励并应当给予批评教育。

一个考核周期结束,从考核积分中扣除600分,剩余考核积分转入下一个考核周期。

第三十九条 监狱决定给予罪犯表扬、物质奖励、不予奖励或者取消考核积分和奖励的,应当及时在监区内公示,公示时间不得少于3个工作日,同时应当及时将审批决定抄送人民检察院。

第四十条 监狱根据计分考核结果除给予罪犯奖励或者不予奖励外,可以依照有关规定在活动范围、会见通信、生活待遇、文体活动等方面给予罪犯不同的处遇。

第四十一条 监狱对罪犯的计分考核结果和相应表扬决定及有关证据材料,在依法提请减刑、假释时提交人民法院和人民检察院。


第六章 考核纪律和监督


第四十二条 监狱人民警察及相关工作人员在计分考核罪犯工作中有下列情形之一的,依纪依法给予处理;构成犯罪的,依法追究刑事责任:

(一)捏造事实、伪造材料、收受财物或者接受吃请的;

(二)打招呼说情或者施加压力,干预计分考核的;

(三)超越职责范围或者未经集体研究决定,为罪犯计分考核的;

(四)隐匿或者销毁罪犯检举揭发、异议材料的;

(五)因故意或者重大过失导致计分考核台账或者资料遗失、损毁的;

(六)故意延迟登记、错误记录或者篡改计分考核台账或者资料的;

(七)违反计分考核议事规则,个人或者少数人决定计分考核事项的;

(八)拒不执行或者擅自改变集体决定事项的;

(九)借集体研究之名违规办理罪犯计分考核的;

(十)其他违反法律法规的情形。

第四十三条 监区在计分考核罪犯工作中应当严格执行各项制度规定,每月至少召开一次计分考核罪犯工作会议,总结计分考核工作,评价管教民警工作,规范和改进工作行为。会议情况应当及时报告监狱。

第四十四条 监狱应当定期或者不定期开展计分考核罪犯工作检查,每季度至少召开一次计分考核罪犯工作会议,听取计分考核工作组工作汇报,总结和改进计分考核工作。会议情况应当及时报告监狱管理局。遇有重大或者共性问题,应当分析研判、提出意见建议,向监狱管理局请示或者报告。

第四十五条 省、自治区、直辖市监狱管理局应当加强对监狱计分考核罪犯工作的监督管理,及时研究解决计分考核罪犯工作中的重大政策和群众反映强烈的问题,每半年至少开展一次抽查检查,督促整改问题隐患。重大工作情况应当及时向司法厅(局)请示或者报告。

第四十六条 省、自治区、直辖市司法厅(局)应当加强对监狱计分考核罪犯工作的指导,每年至少听取一次监狱管理局的专题汇报。

第四十七条 省、自治区、直辖市司法厅(局)党委(党组)、监狱管理局党委和监狱党委以及监区党组织应当将计分考核罪犯工作纳入重要议事日程,加强领导和监督,纪检监察部门履行监督责任,用好监督执纪“四种形态”,依纪依法追究责任。

第四十八条 监狱应当定期向人民检察院通报计分考核罪犯制度规定及工作开展情况,邀请人民检察院派员参加计分考核罪犯工作会议,听取意见建议。

第四十九条 监狱对人民检察院在检察工作中发现计分考核罪犯工作有违法违规情形提出口头或者书面纠正意见的,应当立即调查核实。

对纠正意见无异议的,应当在5个工作日内予以纠正并将纠正结果书面通知人民检察院;对纠正意见有异议的,应当采取书面形式向人民检察院说明情况或者理由。

第五十条 监狱纪检部门应当在监狱会见室和监区设置举报信箱,及时受理罪犯及其亲属或者监护人反映的计分考核问题。

第五十一条 监狱应当根据狱务公开有关规定,向社会公众公开计分考核内容和工作程序,向罪犯亲属或者监护人公开罪犯考核情况及对结果有异议的处理方式。

监狱应当通过聘请社会监督员、召开罪犯亲属或者监护人代表会等形式,通报计分考核工作,听取意见建议,自觉接受社会监督。

监狱应当注重发挥罪犯互相教育、互相监督作用,通过个别谈话等方式,了解掌握情况,听取意见反映。

第五十二条 监狱应当按照档案管理有关规定,固定保全计分考核罪犯的各类台账资料,确保计分考核罪犯工作全程留痕,防止篡改、丢失或者损毁,做到专人专管、专档备查。

第五十三条 省、自治区、直辖市司法厅(局)、监狱管理局和监狱应当依法保障监狱人民警察在计分考核罪犯工作中的正当履职行为,对受到恶意举报、污蔑、诽谤的监狱人民警察,应当及时调查澄清,并依法追究相关人员责任;对工作实绩突出的监狱人民警察,应当及时给予表彰奖励。

第五十四条 省、自治区、直辖市司法厅(局)、监狱管理局和监狱及其工作人员在计分考核罪犯工作中有违反本规定行为的,应当视情节轻重,对相关责任人员依纪依法进行处理;构成犯罪的,依法追究刑事责任。


第七章 附  则


第五十五条 省、自治区、直辖市司法厅(局)应当根据本规定,结合本地区情况,制定计分考核工作细则,并报司法部备案。

第五十六条 本规定所称“以上”、“以下”,包括本数;所称“不满”,不包括本数。

第五十七条 本规定自2021年10月1日起施行。司法部《关于计分考核罪犯的规定》(司发通〔2016〕68号)同时废止。

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