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Anonymous users2024-02-08Where convicts sentenced to controlled release carry out conduct that violates laws, administrative regulations, and the relevant supervision and management provisions of the public security department during the period of enforcement of public security, and it has not yet constituted a crime, they shall be given public security administrative punishments in accordance with law, of which, where public security detention is given in accordance with law, the enforcement of public security supervision shall continue to be enforced after the completion of the period of public security detention, and the period of public security detention is not included in the period of public security detention; Those who meet the requirements for re-education through labor may decide on re-education through labor in accordance with law, and continue to enforce control after the completion of the period of re-education through labor. Where a crime is constituted, criminal responsibility shall be pursued in accordance with law.
If a criminal commits another crime and is sentenced to short-term detention or fixed-term imprisonment, since controlled release, short-term detention, and fixed-term imprisonment do not belong to the same type of punishment, and the methods of enforcement are also different, there is no specific provision in the Criminal Law on how to determine the punishment to be enforced in accordance with the principle of combining punishment for multiple crimes.
Duties and rights of controlled offencesArticle 39 of the Criminal Law of the People's Republic of China.
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.
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Anonymous users2024-02-07Punishment, do you still have to think about it, no matter what grievances you suffer, you have to endure it, if you can't bear it, it will be wasted, spend money.
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Anonymous users2024-02-06A type of sentencing provided for in our Criminal Law. Controlled release means that criminals are not detained, but their freedom is restricted, and community corrections are carried out in accordance with the law. where a crime is constituted, criminal responsibility is pursued in accordance with law.
1. Is control a criminal punishment?
The system of managing trousers is that criminals are not detained, but their freedom is restricted, and community corrections are carried out in accordance with the law. Criminal penalties are violations of criminal law and are punishable by criminal law. According to the provisions of China's Criminal Law, criminal punishment consists of two parts: the principal punishment and the supplementary punishment.
The main penalties are: public surveillance, 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. Control is a type of sentencing stipulated in China's Criminal Law, and it is a type of principal punishment. It is the lightest main punishment and is a kind of punishment that is unique to our country.
In accordance with the provisions of the Criminal 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 work. 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. The characteristics of a controlled sentence are:
One is the lowest level of punishment; Second, there is no need to invest in special renovation sites, and the public security organs are responsible for supervision; Third, labor is paid. Fourth, the time of detention can be used to offset the sentence. To sum up, control is one of the main punishments stipulated in China's criminal law, and it is a criminal punishment.
2. What is the penalty for control?
Controlled release is a type of sentencing provided for in China's Criminal Law, where criminals are not detained, but their freedom is restricted, and community corrections are carried out in accordance with 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.
3. How to sentence the controlled penalty.
People's courts in our country shall not detain criminals sentenced to controlled criminal punishments, and conduct community corrections under circumstances restricting their freedom. The Criminal Law stipulates that the sentence of controlled release may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas and places, and contacting specific persons during the enforcement period. Community corrections are to be carried out in accordance with law for criminals sentenced to controlled release.
Article 39 of the Law of the People's Republic of China on Public Security Administration Punishments, criminals sentenced to controlled release shall comply with the following provisions during the enforcement period:
1) Abide by laws and administrative regulations, and obey supervision, (2) Without the approval of the enforcement organs, they must not exercise their rights to freedom of speech, publication, assembly, association, procession, or demonstration, (3) Report their own activities in accordance with the provisions of the enforcement organs, (4) Comply with the provisions of the enforcement organs on meeting guests, and (5) Leave the city or county where they live or relocate, they shall report to the enforcement organs for approval.
Criminals sentenced to controlled release shall be paid equally for equal work in their work.
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Anonymous users2024-02-05The public security organs are to enforce short-term detention sentences; Offenders sentenced to controlled release are to be enforced by community corrections institutions. During the period of short-term detention or controlled release, the enforcement organs should pay attention to educating criminals on admitting guilt and obeying the law, political current affairs, and socialist moral character, and organize them to participate in production and labor in accordance with local conditions.
Criminal Procedure Law: Article 264: When a convict is transferred for enforcement of a criminal punishment, the people's court that transferred the case for enforcement shall send the relevant legal documents to the public security organs, prisons, or other enforcement organs within 10 days of the judgment taking effect. For convicts sentenced to death with a two-year reprieve, life imprisonment, or fixed-term imprisonment, the public security organs are to send the convict to prison to enforce their punishment in accordance with law. For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.
Convicts sentenced to short-term detention are to be enforced by the public security organs. Juvenile offenders should be sentenced to hail and sentenced to late sail in a juvenile correctional facility. The enforcement organs shall promptly take the convict into custody and notify the convict's family.
For convicts sentenced to fixed-term imprisonment or short-term detention, the enforcement organ shall issue a certificate of release upon the completion of the period of enforcement.
1. A reprieve of death is not an independent type of punishment, but a death penalty enforcement system corresponding to the immediate execution of the death penalty, and a criminal punishment system that sentences criminals who should be sentenced to death but does not have to be executed immediately, and at the same time declares a two-year reprieve. 2. Where a suspended death sentence is given, during the period of suspension of the death penalty, if there is no intentional crime, the sentence is commuted to life imprisonment after the completion of the two-year period; If there is truly a major meritorious service, after the completion of the two-year period, the sentence is commuted to fixed-term imprisonment of not less than 15 years but not more than 20 years; If the crime is intentional, and it is verified to be true, the Supreme People's Court shall approve and carry out the death penalty. 3. The period for which the death penalty is suspended is calculated from the date on which the judgment is determined. >>>More
Article 232:In any of the following circumstances, the people's courts shall rule to suspend enforcement: >>>More
If the parties and their statutory ** persons are dissatisfied with the first-instance judgment or ruling of the court, and appeal to the court at the next higher level, the law must be complied with, and the case has reached the enforcement period indicates that it has taken effect, and the condition for taking effect is that there is no appeal within the appeal period, so it cannot be appealed.