Analysis of the Reasons for the Rejection of Parole Applications in Macao with 10 Criminal Judgments as Examples
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Keywords

Parole
Macao criminal law
Case study

DOI

10.26689/ssr.v6i3.6365

Submitted : 2024-03-17
Accepted : 2024-04-01
Published : 2024-04-16

Abstract

The criminal law of the Macao Special Administrative Region has been influenced by European criminal law, and its provisions on parole are also very distinctive. This paper analyzes the current judicial situation of the application of the parole system in the Macao Special Administrative Region and carries out the necessary theoretical research and analysis by taking the relevant past judgments as the object of study. Based on the analysis and summarization of the cases, it can be concluded that the parole system of the Macao Special Administrative Region is characterized by the importance of the completeness of the formal and substantive elements, the impact of parole on society, and the individual’s right to consent to parole. Both the protection of the right to request parole and the provision of appeal against parole decisions are the application of the right to parole doctrine.

References

Huang H, Shao F, 2001, Comparison of Parole Legislation between the Mainland and Macao. Journal of Fujian College of Political and Legal Administration, 2001(3): 32–35.

Dias JF, 1993, Direito Penal Portugues II: As Consequencias Juridicas Do Crime. Aequitas, Lisboa, 538–541.

Hsu FS, 2001, Lectures on Criminalistics. Kuo-Hsing Printing House, 147.

Liu ZW, 2004, Study on the Nature of Parole - and the Nature and Attribution of the Right to Parole. China Law Journal, 2004(5): 117.