Methods of control and detention? What is controlled detention?

Controlled punishment is a method of punishment in which criminals are not detained, their freedom is restricted, and they are handed over to the public security organs for enforcement.

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. Short-term detention is one of the five main punishments stipulated in China's Criminal Law, and it is a relatively light punishment between controlled release and fixed-term imprisonment. The period of short-term detention is between one month and six months, and the maximum punishment for multiple crimes cannot exceed one year.

Difference Between Surveillance and Detention :

1.The definition is different.

2.The term is different.

The period of controlled release is between 3 months and 2 years, and the maximum penalty for multiple crimes is not more than 3 years;

The period of short-term detention is between 1 month and 6 months, and the maximum punishment for multiple crimes is not more than 1 year;

3.Whether or not to hold is different.

Custody does not require detention; Detention requires detention but can go home for 1-2 days per month;

4.Different treatment for participating in labor Persons sentenced to controlled release shall be subject to equal pay for equal work when they participate in labor; Discretionary remuneration shall be paid to those sentenced to criminal detention for participation in labor.

Control refers to the method of punishment in which criminals are not detained, but are handed over to the public security organs and supervised by the people, and a certain degree of freedom is restricted. Regulation has the following characteristics:

1.Criminals are not to be detained or deprived of their personal liberty. During the period of serving their sentences, criminals sentenced to controlled release are not detained in prisons, detention centers, or other places of enforcement, but remain in their original work units or places of residence, do not leave their families, and do not interrupt normal social interactions.

The non-detention of convicts is an important distinction between controlled release and other forms of punishment.

2.Convicts sentenced to controlled release must undergo re-education through labor under the control of the public security organs and under the supervision of the masses, and their freedom is subject to certain restrictions. Restrictions on the freedom of convicts are mainly manifested in restricting their political freedom, freedom to hold leadership positions, to go out to do business, to move and so on.

3.Criminals sentenced to controlled release may earn their own livelihood and be paid equally for equal work with ordinary citizens in their work.

Short-term detention is a criminal punishment method that deprives the offender of his or her liberty for a short period of time and allows him to work nearby.

Short-term detention is to be carried out by the public security organs in the nearest detention center, detention center, or other place of supervision, and during the enforcement period, the inmates may go home for one to two days a month, and where they participate in labor, they may be paid remuneration at their discretion.

The period of short-term detention is between 1 month and 6 months, and the combined punishment for multiple crimes must not exceed 1 year.

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. Control is one of the five main punishments stipulated in the Criminal Law, and the people's court decides not to detain and reform criminals, but restricts their personal freedom, and hands them over to the public security organ at the place of household registration to supervise and reform.

Article 38 of the Criminal Law of the People's Republic of China: [Period of Control and Enforcement Organs] The period of control is between three months and two years. Sentencing to controlled release may, on the basis of the circumstances of the crime, at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the enforcement period. Community corrections are to be carried out in accordance with law for criminals sentenced to controlled release.

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".

Legal Analysis: According to the provisions of China's Criminal Law, controlled punishment is a penal method that restricts personal liberty rather than deprives personal liberty. Short-term detention refers to the punishment of deprivation of personal liberty and forced labor reform for a short period of time by the nearest public security organ.

Legal basis: Article 38 of the Criminal Law of the People's Republic of China [Duration of Control and Enforcement Organs] stipulates that the period of control shall be between three months and two years.

Sentencing to controlled release may, on the basis of the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the enforcement period.

Criminals sentenced to controlled release shall be corrected in accordance with the law.

Where the prohibition order provided for in paragraph 2 is violated, the public security organs are to impose a penalty in accordance with the provisions of the "Public Security Administration Punishment Law of the People's Republic of China".

Article 42 of the Criminal Law of the People's Republic of China [Period of Short-term Detention]: The period of short-term detention is between one month and six months.

Article 43 of the Criminal Law of the People's Republic of China [Enforcement of Short-term Detention]: Criminals sentenced to short-term detention are to be executed by the nearest public security organ.

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

According to the provisions of the Criminal Law of the People's Republic of China, the punishment for multiple crimes of controlled release and short-term detention is combined: where short-term detention and controlled release are sentenced to several crimes, the controlled release must still be enforced after the completion of the short-term detention. Combined punishment for multiple crimes refers to a sentence that is pronounced and enforced in accordance with certain principles after a conviction and sentencing for each crime committed by a prisoner who has committed two or more crimes.

Legal basis] Article 69 of the Criminal Law.

Where a judgment in paragraph 1 or 2 declares that a person has committed multiple crimes before, except where the death penalty or indefinite imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed 3 years, the maximum short-term detention must not exceed 1 year, the maximum sentence of fixed-term imprisonment must not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence must not exceed 25 years where the total sentence is 35 years or more. Where there is a sentence of fixed-term imprisonment or short-term detention for the crime of concealing a number of acres of potatoes, the fixed-term imprisonment shall be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.

Where there is a supplementary sentence for several crimes, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, they are to be enforced separately.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Short-term detention is a means of criminal punishment, and is one of the types of punishment prescribed by China's criminal laws and regulations, which refers to the punishment of short-term deprivation of personal liberty of criminals, detention in the vicinity, and compulsory labor monitoring. The duration of short-term detention is between 1 month and 6 months, and is to be carried out in the nearest detention center or other place of custody. Control is a type of sentencing provided for in China's criminal law.

It is not to detain convicts, but to restrict their freedom, and to implement community corrections in accordance with law.

Short-term detention is a short-term deprivation of personal liberty of a criminal, and surveillance is one of the five main punishments stipulated in the Criminal Law. Short-term detention is a method of depriving criminals of their personal liberty for a short period of time, and the public security organs are to carry out the nearest detention and reform. Controlled release is one of the five main punishments provided for in the Criminal Law, and control is not to detain criminals, but to restrict their freedom, and to carry out community corrections in accordance with the law.

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. The period of controlled release is not less than 3 months but not more than 2 years, and the combined punishment for multiple crimes must not exceed 3 years. Detention refers to the punishment of depriving a criminal of his or her own personal condition for a short period of time, detaining him in the vicinity, and forcing him to work.

In China, it is one of the main punishments, and the term of criminal detention is between one month and six months, and the maximum penalty for multiple crimes cannot exceed one year.

Criminal Law of the People's Republic of China" 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.

The difference between criminal detention and fixed-term imprisonment.

The difference between criminal detention and fixed-term imprisonment is:

1. The applicable objects are different;

2. The execution place is different;

3. The term is different;

4. Different treatment;

5. The legal consequences are different. Convicts sentenced to short-term detention who commit another crime after serving their sentence are not to be punished as recidivists. However, if a convict sentenced to fixed-term imprisonment commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years after his release or pardon at the end of his sentence, he shall constitute a recidivism and shall be given a heavier punishment.