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In daily life, we often hear the professional term detention, so what is detention? How long is the detention? Let's talk about some of the relevant legal provisions on criminal detention.
The so-called criminal detention: It is one of the five main punishments stipulated in the Criminal Law (the other four are controlled release, fixed-term imprisonment, life imprisonment, and death penalty (among which the death penalty is divided into a suspended death sentence and immediate execution of the death penalty), which is a kind of short-term deprivation of liberty and the implementation of labor reform in the vicinity, and its enforcement organ is the public security organ. So what is the maximum length of detention?
According to the relevant provisions of the Criminal Law: "The period of short-term detention shall be between one month and six months", in the case of combined punishment for multiple crimes, where a person commits several crimes before the judgment is announced, in addition to the death penalty or life imprisonment, 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 shall not exceed three years, the maximum short-term detention shall not exceed one year, and the maximum fixed-term imprisonment shall not exceed 20 years. It can be judged that the period of short-term detention is generally between one month and six months, and the maximum period of short-term detention cannot exceed one year after the punishment for several crimes is combined.
Legal basis: Article 42 of the Criminal Law of the People's Republic of China provides that the period of short-term detention is between one month and six months. Article 44 of the Criminal Law of the People's Republic of China: The period of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.
Article 69: Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is imposed, the sentence to be enforced shall be determined at the discretion of the sentence to be carried out below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum short-term detention shall not exceed one year, and the maximum fixed-term imprisonment shall not exceed 20 years.
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Hello, Detention is a criminal punishment method that deprives the defendant of his liberty for a short period of time and works nearby. 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.
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Legal Analysis: The duration of criminal detention is between 1 month and 6 months. The term of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.
Legal basis: Criminal Law of the People's Republic of China
Article 42: The period of short-term detention is between one month and six months.
Article 43: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs.
During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.
Article 44: The sentence of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.
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Legal Analysis: Short-term detention refers to the punishment of deprivation of personal liberty and forced labor of criminals for a short period of time carried out by the public security organs. Convicts sentenced to short-term detention generally refer to those who have committed relatively minor crimes, but have a certain degree of personal danger.
The period of short-term detention is between one month and six months.
Basis of the law: Article 42 of the Criminal Law of the People's Republic of China: The period of short-term detention is between one month and six months. The term of criminal detention is calculated from the date of judgment. Where a judgment is made before a verdict is made, 1 day of detention is to be deducted from 1 day of the sentence.
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Hello: Detention is not the same as detention, don't confuse it.
Short-term detention is a criminal punishment method that deprives the offender of his personal liberty for a short period of time and implements forced labor reform in the nearest area.
Detention is a short-term sentence of liberty. The minimum sentence of criminal detention shall not be less than one month and the maximum shall not exceed six months. Therefore, short-term detention is the lightest of the three types of liberty punishment in China in which criminals are detained and reformed through forced labor.
2. Short-term detention is applicable to criminals whose crimes are relatively minor but need to be detained for a short period of time for reform.
2) Persons to whom short-term detention applies.
From the provisions of the special provisions of the Criminal Law of our country on criminal detention, it can be seen that the objects to which they are applied have the following characteristics:
1. Short-term detention is generally only applicable to crimes that are relatively minor in nature.
2. Short-term detention is mostly applicable to crimes that are not very harmful to society.
3. In the specific provisions of the Criminal Law of our country, short-term detention can be applied to crimes where the circumstances of the crime are minor and do not require a fixed-term imprisonment, and it can also be applied to crimes that should be sentenced to short-term imprisonment but have mitigating circumstances.
(iii) The duration of the detention.
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.
The term of criminal detention is calculated from the date of judgment. Where a judgment is made before a verdict is made, 1 day of detention is to be deducted from 1 day of the sentence.
According to article 64 of the Criminal Law, criminal detention shall not exceed one year for several crimes.
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The duration of detention is one to six months. When the sentencing standards are specifically appliedIt is up to the judicial authorities to take into account the severity of the caseDiscretionary between one and six months.
The term of detention stipulated in the Criminal Code:
Article 42: [Period of Short-term Detention]The period of short-term detention is between one month and six months.
Long-term is generally a more complex chronic condition, yes, the general company requires to pay once a month, unless the company has negotiated the problem.
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