Can a staff member be sentenced to criminal detention without being dismissed from public office?

For public officials, they should abide by the law and set an example, so will they be dismissed from public office if they are sentenced to criminal detention and probation? Paragraph 2 of Article 17 of the Regulations on the Punishment of Civil Servants of Administrative Organs stipulates that civil servants of administrative organs who are sentenced to criminal punishment in accordance with law shall be given the sanction of dismissal. In other words, civil servants in administrative organs will be dismissed after they are sentenced, not necessarily actual sentences, but also suspended sentences.

According to the relevant provisions of articles 42 and 69 of the Criminal Law, the term of detention is not less than one month but not more than six months. When the punishment for multiple crimes is combined, the maximum shall not exceed 1 year. It can be seen that the upper limit of criminal detention is connected with the lower limit of fixed-term imprisonment.

This provision better reflects the characteristics of criminal detention and makes the criminal punishment system more coherent and strict. The term of criminal detention is calculated from the date of judgment. Where a person is taken into custody before the judgment is enforced, 1 day of detention is to be deducted from 1 day of the sentence.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. In general, criminal detention is a type of punishment, and probation is a form of execution of criminal punishment, so a public official who is sentenced to criminal detention and probation will be dismissed from public office. Legal basis:

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Personnel of public institutions who are sentenced to short-term detention must certainly be relieved of their public positions. Short-term detention is a kind of criminal law in our country, which is a short-term deprivation of liberty of the offender, and the punishment method of the nearest person is to be sentenced to criminal detention because the circumstances of the crime are relatively minor, but it is still a punishment between controlled release and fixed-term imprisonment. According to Paragraph 6 of Article 39 of the Labor Contract Law of the People's Republic of China, if an employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract.

Hope it helps!!

Legal Analysis: Yes. Short-term detention is one of the main punishments of China's criminal law, and it is also a criminal punishment.

According to the relevant laws and regulations, public employees who receive criminal sanctions will be expelled from public office and party membership, and the family members of the parties will also be affected, and they will not be allowed to serve as soldiers or enter state organs.

Legal basis: Article 17 of the "Regulations on the Punishment of Civil Servants of Administrative Organs" Article 17: Where a civil servant of an administrative organ who violates the law or discipline has already been sentenced to a criminal punishment, dismissed from office, removed from office, or resigned from a leadership position in accordance with law before the administrative organ makes a decision on the punishment against him, the administrative organ shall give the sanction on the basis of the facts of his violation of law and discipline.

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

Legal Analysis: On the issue of how to deal with the work arrangements and wages of staff members of state administrative organs who have been sentenced to a suspended sentence by a people's court. Where staff members of state administrative organs (including staff of public institutions and professional and technical personnel) are sentenced to a suspended sentence by a people's court, their positions are naturally revoked, and temporary work is arranged for them to be unlisted.

In order to give full play to the expertise of professional and technical personnel, except for those who have been sentenced to a suspended sentence for using professional technology to carry out criminal activities, certain technical work may be arranged for them on the basis of the actual situation and the needs of their work. The original salary and benefits shall be reduced, and temporary wages shall be paid at a rate lower than the salary and benefits of the dismissed and retained probationers. Those who have shown good repentance and reformation during the probation period may be assigned a regular job after the probationary period is completed, and their position and salary scale may be redetermined; Those who perform badly are to be expelled.

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

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs deciding to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Legal Analysis: Yes, because criminal detention is one of the main punishments in China's criminal law. Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

This means that regardless of whether a civil servant of an administrative agency commits an intentional crime, a crime of negligence, or a crime of negligence, as long as he is sentenced to a criminal penalty in accordance with the law, whether he is sentenced to the main punishment such as controlled release, criminal detention, fixed-term imprisonment, life imprisonment, or death penalty, or is separately sentenced to additional punishments such as fines, deprivation of political rights, and confiscation of property.

Legal basis: "Regulations on the Punishment of Civil Servants of Administrative Organs" Article 17: Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

A sentence of detention will result in dismissal from public office.

Article 17 of the "Regulations on the Punishment of Civil Servants of Administrative Organs" stipulates that if a civil servant of an administrative organ who violates the law has been sentenced to a criminal punishment, dismissed, or removed from office or resigned from a leadership position in accordance with the law before the administrative organ makes a decision on the punishment against him, and shall be given a sanction in accordance with the law, the administrative organ shall give a sanction on the basis of the facts of the violation.

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed. At the same time, according to some of the party's regulations, he will be expelled from the party.

1. Can a person sentenced to short-term detention be served outside of prison?

Article 42 of China's Criminal Law stipulates: "The term of criminal detention shall be between one month and six months. Paragraph 1 of Article 234 stipulates: "Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance." ”

Article 43 of the Criminal Law stipulates that "criminals sentenced to criminal detention shall be executed by the nearest public security organ." During the execution period, criminals sentenced to criminal detention can go home for one day to two days per month; Those who participate in labor may be paid remuneration at their discretion. ”

Article 2 of the "Measures for the Administration of Criminals Serving Criminal Punishment in Detention Centers" stipulates: "Where a convict sentenced to fixed-term imprisonment has less than one year of remaining sentence before being transferred for enforcement, the detention center is to enforce the sentence on his behalf. Convicts sentenced to short-term detention are to be executed by the detention center. ”

Article 55 stipulates: "Convicts sentenced to short-term detention may go home for one or two days a month, and the convict himself shall submit an application, and the correctional police shall sign an opinion, and after being reviewed by the director of the detention center, it shall be reported to the public security organ to which he belongs for approval." ”

Article 57 stipulates: "For criminals who are allowed to return home, the detention center shall issue a certificate of return and inform them of the relevant regulations to be followed." Convicts' time to return home must not be used in a concentrated manner, and the end of the sentence must not be used as the time to go home, and convicts must not be released early in disguise.

Accordingly, if your brother is serving a criminal detention sentence in a county detention center, when he needs to go home in an emergency, he can apply for it in accordance with the regulations and go through the relevant formalities.

Although short-term detention is said to be a relatively light punishment among criminal punishments, and may be sentenced to one month at the lightest, as long as a state organ or unit is criminally punished, it will all be expelled from public office and party membership, and the family members of the person concerned will also be affected, and they will not be allowed to serve as soldiers or enter state organs.