How can we know whether the offender has been sentenced to controlled release or criminal detention?

If it is controlled, there will certainly be no detention after the judgment takes effect; In the case of criminal detention, you will definitely be detained in a detention facility after the sentence takes effect. So it's actually very easy to judge, and in layman's terms, it depends on whether the person is locked up or released.

Note: Because there is no probation in criminal detention, it is impossible to be sentenced to criminal detention if you are released. However, it may be a suspended sentence of a long prison sentence.

How long has it been! You should inform your family.

Criminals sentenced to criminal detention are to be executed by the public security organs in the nearest detention center, detention center, or other place of supervision, rather than in prisons such as fixed-term imprisonment and life imprisonment. Short-term detention is a criminal punishment method in which criminals are deprived of their personal liberty for a short period of time and are detained and reformed by the public security organs.

[Legal basis].

Article 42 of the Criminal Law provides that the term of short-term detention is between one month and not more than six months. Article 43: Criminals sentenced to short-term detention are to be strictly enforced by the public security organs. During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.

Article 44: The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is detained before the judgment is enforced, one day of detention is to be deducted from the sentence.

Legal Analysis: The old file of criminals sentenced to criminal detention by the court is to be enforced by the public security organs in the nearest detention center, and they are not escorted to prison to be forced to carry out labor reform. Criminals sentenced to short-term detention generally refer to those who have committed relatively minor crimes, but have a certain degree of personal danger.

Legal basis: Article 44 of the Criminal Law of the People's Republic of China: The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Belongs, criminal detention is a sentence, and it is a serious crime.

Short-term detention is a sentencing method stipulated in China's criminal law, and it is a criminal punishment method that deprives the offender of his or her liberty for a short period of time and carries out labor in the nearest place. Short-term detention is to be carried out by the public security organs in the nearest detention center or other place of custody. Vertical remainder.

Belong. Detention.

It is a kind of criminal law in China, and criminal detention is a criminal punishment method that deprives the offender of his liberty for a short period of time and carries out labor nearby.

Short-term detention is a criminal punishment method that deprives the offender of his personal liberty for a short period of time and implements forced labor reform in the nearest area. In China's penal system, criminal detention is a kind of main punishment between controlled release and fixed-term imprisonment, and it has the following characteristics:

1. Short-term detention is a short-term free sentence. The minimum sentence of criminal detention shall not be less than one month, and the maximum sentence shall not exceed six months. (Article 42: The period of short-term detention is between one month and six months.) ）

2. Short-term detention is applicable to criminals whose crimes are relatively minor but need to be detained for a short period of time for reform.

3. Short-term detention is a penal method of deprivation of liberty, because criminal detention deprives the offender of his liberty, so it is obviously different from the controlled equipment. Since criminal detention is a criminal punishment method, it is clearly different from administrative detention, criminal detention, and judicial detention in terms of legal attributes, applicable objects, applicable organs, applicable basis, applicable procedures, and applicable periods.

4. Short-term detention is a criminal punishment method carried out by the public security organs in the vicinity.

Short-term detention is to be carried out by the public security organs in the nearest detention center, detention center, or other detention facility; During the execution period, the inmate may go home for one to two days per month; Those who participate in labor may be paid remuneration at their discretion.

Legal Analysis: Detention and surveillance count as sentencing. Control refers to the method of punishment in which criminals are not detained, community corrections are carried out in accordance with law, and a certain degree of freedom is restricted.

Convicts sentenced to controlled release who remain in their original work units or places of residence to work or work shall be paid equally for equal work in their labor. Short-term detention is a punishment of short-term deprivation of a criminal's personal liberty or forced labor reform, which is made by a people's court and executed by a public security organ in the vicinity.

Legal basis: Criminal Law of the People's Republic of China

Article 38: The period of control is between three months and two years.

The sentence of controlled release can be based on the circumstances of the crime, and at the same time, the criminal is prohibited from engaging in specific activities, entering specific areas, places, and contacting specific people during the enforcement period.

Criminals sentenced to controlled release are to be subject to community corrections in accordance with law.

Those who violate the prohibition order provided for in paragraph 2 shall be punished by the public security organs in accordance with the provisions of the "Law of the People's Republic of China on Public Security Administration Punishments".

Article 39: Criminals sentenced to controlled release shall comply with the following provisions during the enforcement period:

1) Comply with laws and administrative regulations, and obey supervision;

2) The rights to freedom of speech, publication, assembly, association, procession, or demonstration must not be exercised without the approval of the enforcement organs;

3) Report on their own activities in accordance with the provisions of the enforcement organs;

4) Comply with the regulations of the executive organ on receiving visitors;

5) Leaving the city or county where they reside or relocating shall be reported to the enforcement organ for approval.

Criminals sentenced to controlled release shall be paid equally for equal work in their work.

Article 40: When the period of controlled release for criminals sentenced to controlled release completes, the enforcement organ shall immediately announce the release of controlled release to themselves and the people in their units or places of residence.

Article 41: The term of controlled release is calculated from the date on which the Pai Cong judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention.

Legal Analysis: Count. A criminal sentenced to detention is a sentence. The main types of punishment include the state system, criminal detention, fixed-term imprisonment, life imprisonment, and the death penalty.

Legal basis: Criminal Law of the People's Republic of China

(Article 42: The period of short-term detention is between one month and six months.)

Article 43: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs.

During the enforcement period, criminals sentenced to criminal detention can go home for one day to two days a month; Those who participate in labor may be paid remuneration at their discretion.

Article 44: The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is detained before the judgment is enforced, one day of detention is to be deducted from the sentence.