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Penal punishment is a special method of punishment created by the state and applied to criminals, which is the deprivation of certain benefits of criminals, and shows the negative evaluation of criminals and their actions by the state, and plays a role in reforming criminals, protecting society and alerting the world.
Legal basis: Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service.
On the basis of the provisions of the first paragraph of Criminal Law article 68, criminals have reported or exposed the major criminal conduct of others, and it is verified to be true upon investigation; Provide important clues for the detection of other major cases, which have been verified to be true; Prevent serious criminal activity of others; Assist judicial authorities in apprehending other major criminal suspects (including co-defendants); Where there are other major contributions to the state and society, it shall be found to have made major meritorious contributions.
The standards for "major crimes", "major cases", and "major criminal suspects" as used in the preceding paragraph generally refer to situations where criminal suspects or defendants might be sentenced to indefinite imprisonment or higher, or where the case has a relatively large impact in that province, autonomous region, directly governed municipality, or nationwide.
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Criminal punishment is a violation of the criminal law and should be punished by the criminal law, referred to as criminal punishment. According to the provisions of China's Criminal Law, criminal punishment consists of two parts: the principal punishment and the supplementary punishment. The main punishment is:
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Legal Analysis: Penalties are divided into principal and supplementary 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. The types of supplementary penalties are: (1) fines; (2) Deprivation of political rights; (3) Confiscation of property.
Legal basis: Criminal Law of the People's Republic of China
Article 32: Punishments are divided into principal punishment and supplementary punishment.
Article 33: 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. Oozing code trouble.
Article 34: The types of additional model 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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Criminal punishment is a violation of the criminal law and should be punished by the criminal law, referred to as criminal punishment. According to the provisions of China's Criminal Law, criminal punishment consists of two parts: the principal punishment and the supplementary punishment. The main punishment is:
In addition, there is the deportation of aliens who have committed crimes.
Legal basis: Article 32 of the Criminal Law provides that punishments are divided into principal and supplementary punishments.
Article 33 of the Criminal Law 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 of the Criminal Law The types of supplementary penalties 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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Criminal punishment refers to the violation of criminal law and should be punished by criminal law. Specifically, the premise of criminal punishment is that the act has reached the level of a crime and needs to bear the corresponding criminal responsibility, and the criminal punishment includes two parts: the main punishment is controlled release, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty, and the additional punishment is fine, deprivation of political rights and confiscation of property. When criminal punishment is applied, the principal penalty must be applied, and supplementary penalties cannot be applied alone.
Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent departments may give administrative punishments or administrative sanctions. "This is exempt from criminal punishment under the criminal law of our country[Legal basis].
The relevant laws provide that where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.
The basis for handling criminal punishment is that criminal punishment may be waived on the basis of the concept of crime in the Criminal Law, where punishment is based on the degree of harm of the crime, and where the circumstances of the crime are minor and do not require a criminal punishment.
The difference between penal penalty and criminal penalty is:
1. The meaning of the two is different. Criminal punishment is in a narrow sense, referring to conviction and sentencing in accordance with the criminal law. Criminal sanctions, on the other hand, are broadly defined and include the handling of criminal proceedings.
According to the provisions of China's Criminal Law, criminal punishment mainly includes two parts: the main penalty and the supplementary penalty. The main penalties include controlled release, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty. Additional penalties include fines, deprivation of political rights and confiscation of property; In addition, there is the deportation of aliens who have committed crimes.
Criminal punishment refers to the criminal punishment that should be received for violating the criminal law, referred to as criminal punishment.
2. Criminal punishment occurs when the court's guilty verdict takes effect, and the criminal responsibility of the criminal is mainly realized through criminal punishment. Criminal punishment is a violation of the criminal law of our country and should be punished by the criminal law.
[Legal basis].
Article 33 of the Criminal Law 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 of the Criminal Law The types of supplementary penalties 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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Criminal punishment is a violation of the Criminal Law of the People's Republic of China and should be punished by law.
In China's current legal provisions, criminal punishment can be divided into two types: principal punishment and supplementary punishment, of which the main punishment contains a total of five types:
1. Controlled release, the period of which is between 3 months and 2 years, and the maximum period of control for the combined punishment of the number of offenders must not exceed 3 years;
2. Short-term detention, the period of short-term detention is between 1 month and 6 months, and if the punishment for multiple crimes is combined, the maximum period of short-term detention shall not exceed 1 year;
3. Fixed-term imprisonment, the term of fixed-term imprisonment is not less than 6 months but not more than 15 years, and if the punishment is combined for multiple crimes, the period of punishment shall not exceed 20 years;
4. Life imprisonment;
5. The death penalty shall not be applied to women who were under the age of 18 at the time of the crime and who were pregnant at the time of trial.
"Supplementary punishment" refers to the criminal punishment methods applied in the Criminal Law of the People's Republic of China to supplement the principal punishment. It is characterized by its ability to be applied both independently and additionally. Additional penalties include:
1. Fines; 2. Deprivation of political rights;
3. Confiscation of property;
4. Deportation.
The difference between administrative punishment and criminal punishment is:
1. The acts targeted by the two are different, the administrative punishment is aimed at the person who has not yet constituted a crime, while the criminal punishment is aimed at the conduct that has violated the Criminal Law of the People's Republic of China and constitutes a crime;
2. The basis for punishment is different, and the basis for criminal punishment can only be the Criminal Law of the People's Republic of China;
3. The two organs that impose penalties are different;
4. The types of punishments are different between the two, criminal punishments include primary punishment and supplementary punishment, and the types of administrative punishments include warnings, fines, etc.
Control refers to the method of punishment in which criminals are not detained, but their freedom is restricted, and they are corrected by the community in accordance with law, and is a type of primary punishment. Control is the lightest punishment and is a unique punishment in our country.
[Legal basis].
Criminal Law of the People's Republic of China
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.
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