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The community or unit where the defendant belongs.
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Control is a type of criminal law, Introduction: A type of sentencing stipulated in China's 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.
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. Control refers to the method of punishment in which criminals are not detained, community corrections are carried out in accordance with law, and a certain degree of freedom is restricted.
Control has the following characteristics: 1. Criminals are not 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 carry out community corrections in accordance with law, 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. Convicts sentenced to controlled release may earn their own livelihood and receive equal pay for equal work with ordinary citizens in their work.
The people's courts shall make judgments in accordance with law.
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Control is one of the five main punishments stipulated in the General Provisions of China's Criminal Law, and is a criminal sanction imposed by the people's courts on lawbreakers who commit criminal acts. Convicts sentenced to controlled release are not to be detained in a certain place, but to carry out community corrections in accordance with law. Therefore, controlled release is a form of punishment that restricts personal liberty rather than deprives it of it.
The duration of the regulation. According to the regulations, the period of supervision is changed to between three months and two years, and the maximum penalty for multiple crimes cannot exceed three years. Criminals sentenced to controlled release shall be handed over by the people's courts to the public security organs for enforcement, that is, the power to enforce controlled release can only be exercised by the public security organs, and no other organ has the power to impose a judgment on the subject.
The term of the controlled sentence is calculated from the date of execution of the sentence, i.e. from the day on which the execution of the sentence begins, and that day is included in the sentence. At the same time, it is also stipulated that where a person is detained before the judgment is enforced, the two days of the controlled sentence shall be reduced for each day of detention, that is, if the criminal is deprived of his personal liberty by criminal detention or arrest before the judgment is enforced, one day of detention shall be reduced by two days of the controlled release.
Legal basis: Article 33 of the Criminal Law of the People's Republic of China.
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. Article 38.
The duration of control is the same as that of the enforcement agency] 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, prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the enforcement period.
Criminals sentenced to a higher degree are to be given community corrections in accordance with law.
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".
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