Can I change the place of execution to the place where my household registration is located after se

Updated on society 2024-02-24
8 answers
  1. Anonymous users2024-02-06

    After serving a one-year probation sentence in a foreign country, it is now possible to change the place of execution to the place of household registration. However, the application process is more complicated. It must be done in accordance with the requirements of the court decision, otherwise it is possible to revoke the suspended sentence and return to prison for execution.

    Criminals who have been given a suspended sentence must comply with the following provisions during the probationary period of probation:

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

    2) Periodically report their activities to the organ enforcing the suspended sentence in accordance with regulations;

    3) Comply with the regulations of the inspection agency on receiving visitors;

    4) Leaving the city or county where they live or relocating shall be reported to the inspection authority for approval.

    In the parole setting, the deprivation of political rights is still enforced from the end of the probation. It is the same as the main punishment condition.

  2. Anonymous users2024-02-05

    In accordance with the relevant legal provisions.

    The habitual residence of a person serving a sentence in the community is inconsistent with the place of household registration.

    After registering at the place of household registration and completing the enrollment process.

    You can apply by yourself The application is a change of residence.

    You must submit the relevant documents after submitting the application to the judicial office of the place of your domicile.

    After examination and approval by the judicial office, it shall be submitted to the county-level judicial organ for examination and approval.

    After approval by the county-level judicial organ, it will be sent to the county-level judicial organ in your current place of residence.

    The county-level judicial organ in your place of residence will then send personnel to investigate whether your situation is suitable for community corrections in your place of residence.

    In general, the documents you need to submit are: ID card, household registration booklet, marriage certificate, income certificate of residence (part-time worker) or business license (businessman). Rental contract or title deed, etc.

    and a certificate issued by the village committee of your place of residence. Including, but not limited to, the above materials.

    The judiciary where you live doesn't want to accept and manage too many criminals, and they're going to get stuck on all sorts of papers.

    At the moment, based on my experience.

    If you are from a non-developed region and want to move to a developed area, such as Shanghai, etc.

    It's basically hard to do, it's basically impossible to do.

    Professionals hand play for you.

  3. Anonymous users2024-02-04

    You can apply to the enforcement probation department.

  4. Anonymous users2024-02-03

    1. Suspended sentences do not necessarily have to be enforced at the place of household registration.

    II. Enforcement of suspended sentences is generally to be enforced at the place of household registration or habitual residence, and during the probationary period of the suspended sentence, the public security organs are to conduct an investigation, and the unit or basic-level organization to which they belong is to cooperate. Persons on probation may not return to their place of residence, but they need to be approved by the investigating organ, and criminals who have been given a suspended sentence must comply with the following provisions during the probationary period of probation:

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

    2) Periodically report their activities to the organ enforcing the suspended sentence in accordance with regulations;

    3) Comply with the regulations of the inspection agency on receiving visitors;

    4. The city or county where the office resides or relocates shall be reported to the inspection authority for approval.

    3. Details. 1.The people's court must decide on the application of a suspended sentence to a criminal, that is to say, a suspended sentence must be made by the people's court, and the people's court is to send the judgment and enforcement notice to the public security organ at the place where the criminal's household registration or perennial residence is located, and during the probationary period of the suspended sentence, the public security organ is to conduct an investigation of the convict who has been given a suspended sentence, and the unit or grassroots organization to which he belongs is to cooperate.

    If the prisoner has to return to his original unit to continue working or return to the countryside to participate in production and labor because he is not detained but is released into society, grassroots organizations such as neighborhoods, neighborhood committees, or village committees, as well as the units where he or she has been accompanied, shall actively cooperate with the public security organs in managing the probationers. This is because these units or grass-roots organizations understand the actual performance of criminals, which is conducive to their investigation and education. The probationary period of a suspended sentence of short-term detention is not less than one year above the original sentence, but must not be less than two months; The probationary period of a suspended sentence for fixed-term imprisonment is not less than 5 years above the original sentence, but not less than 1 year.

    2.During the probationary period of probation, if the convict on probation does not commit a new crime or violates the provisions on the supervision and management of probation, the probationary period of probation is completed, and the original sentence will not be enforced. Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the original judgment shall be revoked, a judgment shall be made for the criminal's new crime or the crime that was discovered to be omitted, and the punishment for the multiple crimes shall be combined to make a new decision on the punishment to be enforced against him.

    If a criminal who has been given a suspended sentence violates laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences during the probationary period of a suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

    Legal basis

    Criminal Law of the People's Republic of China

    Article 75:Criminals who have been given suspended sentences shall comply with the following provisions:

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

    2.Report the activities of one's own limbs in accordance with the regulations of the inspection organ;

    3.Comply with the regulations of the inspection agency on receiving visitors;

    4.Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

    Article 76:Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is no longer to be enforced, and a public announcement is to be made.

  5. Anonymous users2024-02-02

    Legal Analysis: Yes, in practice, the enforcement of a suspended sentence is generally carried out at the place of household registration or habitual residence, and during the probationary period of the suspended sentence, the public security organ will inspect it, and the unit or grassroots organization to which it belongs shall cooperate. In accordance with the provisions of paragraph 4 of Article 75 of the Criminal Law:

    Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval. To sum up, the suspended sentence may not necessarily be served in your hometown, if you leave the county or city where you live or relocate, it is also possible to serve it in other places with the approval of the inspection authority.

    Legal basis: Article 75 of the Criminal Law of the People's Republic of China: Criminals who have been given a suspended sentence shall comply with the following provisions: (1) Comply with laws and administrative regulations, and obey supervision; (2) Report on their own activities in accordance with the provisions of the inspection organ; (3) Comply with the regulations of the inspection organ on receiving visitors; (4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval.

  6. Anonymous users2024-02-01

    Persons who have been sentenced to probation are generally not allowed to leave the place where their hukou is located. According to the provisions of law, during the probationary period of a suspended sentence, if a criminal leaves the city or county where he or she resides, or moves to another place, it shall be reported to the inspection organ for approval. During the probationary period of probation, if you leave the place of your household registration without permission, you may be revoked from your probation and the original sentence will be enforced.

    Article 75 of the Criminal Law: Criminals who have been given a suspended sentence shall call on Zhifeng to comply with the following provisions: (1) Comply with laws and administrative regulations, and obey supervision; (2) Report on their own activities in accordance with the provisions of the inspection organ; (3) Comply with the regulations of the inspection organ on receiving visitors; (4) Leaving the city or county where Zheng Sheng lives or relocating shall be reported to the inspection organ for approval.

  7. Anonymous users2024-01-31

    Not necessarily. Enforcement of suspended sentences is generally to be enforced at the place of household registration or habitual residence, and during the probationary period of the suspended sentence, the public security organs are to conduct an investigation, and the single calendar or basic level organization is to cooperate.

    On the basis of paragraph 4 of Criminal Law article 75: Criminals who have been given a suspended sentence leave the city or county where they live or move to another place, they shall report to the inspection organ for approval.

    If you leave the county or city where you live or relocate, it is also possible to serve it in other places with the approval of the inspection organ.

  8. Anonymous users2024-01-30

    After the probation report is approved by the investigation organ, they may go to other places. According to the relevant provisions of China's "Criminal Punishment", criminals sentenced to suspended sentences shall abide by the provisions of laws and regulations, accept supervision, and carry out daily activities in accordance with the relevant provisions of the inspection organs during the period of probation.

    Legal basisArticle 75 of the Criminal Code.

    Criminals who have been given suspended sentences shall comply with the following provisions:

    1) Comply with laws and administrative regulations, and be aware of and supervise the disadvantages;

    2) Report on their own activities in accordance with the regulations of the inspection organ;

    (3) Comply with the regulations of the inspection organ on receiving visitors;

    (4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval.

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