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Penalties are divided into principal and supplementary punishments. The "principal punishment" is the main punishment method for punishing criminals, and its characteristic is that it can only be applied independently and cannot be applied additionally. Only one principal sentence can be imposed for one offence.
For example, after a fixed-term imprisonment has been imposed for an offence, it cannot be re-imposed on surveillance or criminal detention. In the case of a single person who commits several crimes, he is sentenced to several principal punishments, and in the end only one principal punishment can be decided to be carried out. There are five main punishments stipulated in China's criminal law:
1 Control. Control is a method of punishment that does not detain criminals, but restricts certain freedoms, and hands them over to the control of the public security organs and the supervision and reform of the masses.
2 Detention 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.
3. Fixed-term imprisonment. Fixed-term imprisonment is a criminal punishment method that deprives criminals of their personal liberty for a certain period of time and undergoes education and reform in prisons and other places of execution.
4 Life imprisonment. Life imprisonment is a punishment method that deprives criminals of their lifelong liberty and undergoes education and rehabilitation in prisons and other places of execution.
5 Death penalty. The death penalty, also known as capital punishment, is a method of punishment that deprives criminals of their lives.
"Supplementary punishment" is a method of punishment that supplements the principal punishment to punish criminals, and there are three types of supplementary punishments provided for in China's Criminal Law
1 Fines. Fines are a penal method that compels criminals to pay a certain amount of money to the state and imposes financial sanctions on criminals.
2. Deprivation of political rights. Deprivation of political rights is a criminal punishment method that deprives criminals of their right to participate in state management and political activities for a certain period of time in accordance with the law.
3 Confiscation of property. Confiscation of property is a penal method in which part or all of the property owned by a criminal is returned to the state without compensation.
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Penalties are divided into principal and supplementary punishments. The main types of punishment are as follows: (1) control; (2) short-term detention; (3) fixed-term imprisonment; (4) Life imprisonment; (5) The death penalty.
Supplementary punishments, also known as accessory punishments, are methods of punishment that supplement the application of the principal punishment. The peculiarity of the supplementary penalty is that it can be applied both independently and additionally. When applied additionally, it is applied to the principal penalty already applied, and more than two additional penalties may be applied at the same time for the same crime and the same offender.
According to article 34 of the Criminal Law, as another major type of punishment corresponding to the main punishment in China's penal system, additional penalties include fines, deprivation of political rights, and confiscation of property. In addition, the expulsion applicable to foreigners who have committed crimes under article 35 of the Penal Code is also part of the supplementary punishment system and is a special supplementary punishment.
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Criminal punishment is criminal punishment, and there is a corresponding administrative punishment. The so-called crime refers to the occurrence of a violation of the provisions of the Criminal Law (violation of other laws is only called a violation, not a crime, and only a violation of the Criminal Law can be called a crime). There are five types of punishments: principal punishment and supplementary punishment
Controlled release, short-term detention, fixed-term imprisonment, life imprisonment, death penalty, and additional penalties include fines, confiscation of property, deprivation of political rights, and deportation. The criminal law is the most severe punishment, so the requirements are particularly strict, and the corresponding punishment can only be carried out after the people's court has made a judgment in accordance with the law.
The corresponding administrative punishment is much lighter, and the procedure is not as strict as the criminal punishment. For example, if a traffic law is violated, a warning, a fine, or detention can be imposed, and only the administrative organ needs to make a penalty decision, and the people's court does not need to make a judgment.
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Criminal punishment refers to the criminal punishment that should be received for violating the criminal law, referred to as criminal punishment. According to the provisions of China's Criminal Law, criminal punishment consists of two parts: the main penalty and the supplementary punishment. The main punishment is:
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Types of criminal penalties.
Article 32: [Principal and Supplementary Punishments]Punishments are divided into principal and supplementary punishments.
Article 33: [Types of Principal Punishments]The types of principal punishments are as follows:
a) control; (2) short-term detention;
(3) fixed-term imprisonment;
(4) Life imprisonment;
(5) The death penalty. Article 34: [Types of Supplementary Punishments]The types of supplementary punishments are as follows:
a) Fines; 2) deprivation of political rights;
3) Confiscation of property.
Supplementary sentences may also be applied independently.
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There are two types of punishments under China's criminal law: principal punishment and supplementary punishment. Among them, there are the following five main punishments:
1 Control. The time limit is between 3 months and 2 years, and the combined punishment for multiple crimes must not exceed 3 years.
2 Detention The time limit is between 1 and 6 months, and the combined punishment for multiple crimes must not exceed 1 year.
3. Fixed-term imprisonment. The time limit is between 6 months and 15 years, and the combined punishment for multiple crimes must not exceed 20 years.
4 Life imprisonment.
5 Death penalty. The death penalty is not applicable to persons under the age of 18 at the time of the offence and to women who are pregnant at the time of trial (including a two-year reprieve).
There are three types of supplementary punishments:
1 Fines. 2. Deprivation of political rights.
3 Confiscation of property.
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"Types of punishments" refers to the sum of the various punishment methods provided for in the Criminal Law in a certain order. With regard to the types of punishments, there can be different divisions depending on the modality.
1. Depending on whether a certain punishment method can only be applied alone or additionally, it may be divided into principal punishment and supplementary punishment;
2. According to the degree of restriction and deprivation of individual rights in the sentence imposed, it may be divided into qualification punishment, property punishment, liberty punishment and life punishment.
1. What are the specific contents of the types of criminal punishment in China?
What are the specific types of punishments in our country? Through the above two classifications, the main ones can be summarized as follows:
1. In the first classification method above, the main punishment includes controlled release, short-term detention, fixed-term imprisonment, life imprisonment and the death penalty; Additional penalties include fines, deprivation of political rights, confiscation of property and deportation. Among them, deportation is directed against foreigners in our country.
2. In the second classification method above, qualifying sentences include deprivation of political rights; Property penalties include fines and confiscation of property; Liberal sentences include controlled release, criminal detention, fixed-term imprisonment, life imprisonment, and deportation; Life punishment means the death penalty.
The above classifications are based on different bases, and their meanings do not differ depending on the different classifications, and the law provides for each of these types of punishment. Each type of punishment is clearly defined, and each type of punishment has its own object of application and conditions for application.
2. How to distinguish the types of criminal punishments in China?
There are clear differences between the types of punishment in our country. For the main punishment, it is also called the basic punishment. The principal penalty can only be applied separately and cannot be applied additionally, that is, only one principal penalty can be applied to each crime, but not two principal penalties.
For supplementary punishment, it is also called accessory punishment, which exists as a supplement to the main punishment. It is worth noting that the supplementary sentence can also be applied separately, that is, the judge can impose the supplementary sentence separately at the time of judgment.
For example, the severity of the four types of punishment, namely, surveillance, criminal detention, fixed-term imprisonment, and life imprisonment has increased sequentially. Criminals or fools sentenced to controlled custody need to have their personal liberty restricted, but they need to undergo community corrections; Short-term detention, on the other hand, requires deprivation of liberty for a short period of time, and its duration coincides with the term of fixed-term imprisonment. Distinguishing between these types of punishment can be made from the target to which they are applied, the length of the sentence, the enforcement organ, and the place of enforcement.
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China's criminal punishment is divided into the main punishment and the supplementary punishment, the main punishment is controlled release, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty, and the supplementary punishment is fine, deprivation of political rights and confiscation of property. The final sentence is determined according to the crime committed by the offender.
Legal analysis
According to the provisions of the relevant laws of the state, there are two types of criminal punishments of the state: the main punishment and the supplementary punishment, and the people's courts shall impose punishments on the basis of the crimes committed by the criminals. The main punishment is divided into five types, the first is control, and the lightest punishment method of the main punishment is controlled, which belongs to the free punishment of the restricted travel system. That is, criminals are not imprisoned, but a certain amount of freedom is restricted to criminals, and the public security organs will enforce them.
The second is criminal detention, which is a short-term liberty sentence and a light sentence between controlled release and fixed-term imprisonment. In the short term, criminals are deprived of their liberty and are subject to nearby execution and re-education through labor. Then there is the fixed-term imprisonment, which refers to depriving criminals of their personal liberty for a certain period of time and forcing them to work and undergo education and reform.
Then there is life imprisonment, a severe punishment second only to the death penalty, which deprives criminals of their lifelong liberty and compels them to work and undergo educational reform. Finally, the death penalty is the most severe punishment, that is, the deprivation of the life of the offender. The penalty in the supplementary sentence refers to the penalty imposed by the court on the offender to pay a certain amount of money to the state.
Deprivation of political rights refers to the deprivation of the right of the offender to participate in the administration of the State and political activities. Finally, there is the confiscation of property, which means that part or all of the property owned by the offender is forcibly nationalized without compensation.
Legal basis
Criminal Law of the People's Republic of China
Article 32: Punishments are divided into principal and supplementary punishments.
Article 33: The types of principal punishments are as follows: (1) controlled release; (2) short-term detention; (3) fixed-term imprisonment; (4) Life imprisonment; (5) The death penalty.
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