Article 70 of the Criminal Law How is Article 262 of the Criminal Procedure Law handled?

The public security organs need to file a case for investigation, because the period of investigation and detention is to protect the rights of the criminal suspect and to protect his freedom from being protected by law, and the criminal suspect is currently serving a sentence and there is no problem of investigation and detention, so there is no need to employ compulsory measures such as detention and arrest, and after the investigation is concluded, it will be directly transferred to the people's procuratorate at the original place of trial or the people's procuratorate at the place where the sentence is being served.

Article 70 of the Criminal Law stipulates that: If, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been convicted before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment imposed in the two judgments before and after shall be decided in accordance with the provisions of Article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

Article 70 of the Criminal Law of the People's Republic of China stipulates that after the verdict is announced, the method of concurrent punishment for crimes found to be omitted is "first combined and then reduced". Since the death penalty (especially the death penalty with a suspended sentence) and life imprisonment in China will be finally commuted to fixed-term imprisonment due to remorse and good performance in the actual execution of the punishment. Then, when adapting to Article 70 of the Criminal Law, if it is found that the omitted crime is during the period when the death penalty or life imprisonment has been commuted to fixed-term imprisonment, or if the omitted crime involves life imprisonment or the death penalty, it will cause an embarrassing situation in which it is impossible to adapt to the "merger first and then commutation".

Since life imprisonment or the death penalty is theoretically indefinite, it is not possible to count the sentence already executed in the sentence determined by the new sentence, as the meaning of the provisions of the law. Therefore, the criminal law should add this aspect to solve the problem of concurrent punishment for multiple crimes involving life imprisonment or the death penalty for omitted crimes.

The public security organs need to file a case for investigation, because the period of investigation and detention is to protect the rights of the criminal suspect and to protect his freedom from being protected by law, and the criminal suspect is currently serving a sentence and there is no problem of investigation and detention, so there is no need to employ compulsory measures such as detention and arrest, and after the investigation is concluded, it will be directly transferred to the people's procuratorate at the original place of trial or the people's procuratorate at the place where the sentence is being served.

Article 262 of the new Criminal Procedure Law stipulates that if a convict commits another crime while serving his sentence, or discovers a crime that was not discovered at the time of the judgment, the enforcement organ shall transfer it to the people's procuratorate for handling.

Article 267 of the Criminal Procedure Law of the People's Republic of China provides: Where the defendant admits guilt before or at trial, the punishment may be mitigated or commuted. If they admit guilt again in a case that has already been adjudicated, they may be given a heavier punishment in accordance with provisions.

The specific determination of the attitude towards admitting guilt will follow the principle of leniency for admitting guilt and accepting punishment.

Article 267 of the Criminal Procedure Law reads: The organ that decides or approves the temporary service of sentence outside of prison shall send a copy of the decision to the people's procuratorate. Where the people's procuratorate finds that the temporary service of sentence outside of prison is improper, it shall send a written opinion to the organ that made the decision or approved the temporary service of sentence outside of prison within one month of receiving the notice; After the organ that makes the decision or approves the temporary service of sentence outside of prison receives the written opinion of the people's procuratorate, it shall immediately conduct a new review of the decision.

1. How is the execution of sentences outside of prison carried out?

Enforcement of Sentences Outside of Prison: For convicts who meet the conditions for temporarily serving their sentences outside of prison, the people's courts may make a direct decision when making a judgment. Where a people's court decides to temporarily serve a sentence outside of prison, it shall draft a "Decision Document for Temporary Service of Sentence Outside of Prison", indicating the basic circumstances of the convict, the charges and punishment determined in the judgment, and the reasons and basis for the decision, and send a copy to the people's procuratorate and the public security organ for the convict's place of residence.

II. How to go through the specific enforcement procedures for serving outside of prison.

The specific enforcement procedures for execution outside of prison are:

1. For convicts who meet the conditions for temporarily serving their sentence outside of prison, the people's court may make a direct decision when making a judgment. Where a people's court decides to temporarily serve a sentence outside of prison, it shall draft a "Decision to Temporarily Serve Sentence Outside of Prison".

2. In the course of enforcing a judgment or ruling, the prison is to submit a written opinion to the provincial, autonomous region, or directly governed municipality prison management organ for approval for convicts who meet the requirements for serving their sentence outside of prison. After approval, the judicial bureau of the place of residence will enforce the cong sock posture.

3. What circumstances can be temporarily served outside of prison?

Convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison in the following circumstances: 1. If they have a serious illness and need to be released on medical parole, they must be diagnosed and issued by a hospital designated by the provincial-level people's **; 2. Women who are pregnant or breastfeeding their babies; 3. Unable to take care of oneself, and the application of temporary service of sentence outside of prison will not endanger society. Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.

Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.

Article 267 of the Criminal Procedure Law of the People's Republic of China.

The organ that decides or approves the temporary service of sentence outside of prison shall send a copy of the decision to the people's procuratorate. Where the people's procuratorate finds that the temporary service of sentence outside of prison is improper, it shall send a written opinion to the organ that made the decision or approved the temporary service of sentence outside of prison within one month of receiving the notice; After the organ that makes the decision or approves the temporary service of sentence outside of prison receives the written opinion of the people's procuratorate, it shall immediately conduct a new review of the decision.