The difference between controlled release and criminal detention, and the difference between control

What is the difference between surveillance and detention? First of all, according to the provisions of China's criminal law, control refers to the implementation of non-detention of criminals but restriction of certain freedoms, so that their localities can implement community corrections management in accordance with the law.

Controlled Punishment: A criminal punishment method in which criminals are not detained, their freedom is restricted, and they are handed over to the public security organs for enforcement.

1. Characteristics of controlled punishment: restriction of freedom.

2. Characteristics of the objects to which the control applies: (1) the crime is relatively minor; (2) The danger is small.

3. The term of imprisonment under controlled release shall be between 3 months and 2 years; When the punishment for multiple crimes is combined, the maximum period must not exceed 3 years. The term of the controlled sentence is calculated from the date of execution of the sentence. Where a person is taken into custody before the judgment is enforced, 1 day of detention is to be deducted from 2 days of the sentence.

4. Criminals sentenced to controlled release shall comply with the following provisions during the enforcement period:

1) Comply with laws and administrative regulations, and obey supervision;

2) The right to freedom of speech, publication, assembly, association, procession and demonstration shall not be exercised without the approval of the executive organs;

3) Report their own activities in accordance with the regulations of the executive organ;

4) Comply with the regulations of the executive authority on receiving guests;

5) Leaving the city or county where they live 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.

Compared with the five major criminal laws, control is a relatively light criminal law.

Second, criminal detention is different from controlled release in that criminal detention is a criminal punishment method that deprives the offender of his liberty for a short period of time and carries out labor in the vicinity.

Legal basis: The period of control under Article 38 of the Criminal Law of the People's Republic of China 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.

Community corrections are to be carried out in accordance with law for criminals sentenced to controlled release.

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".

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 43 of the Criminal Law of the People's Republic of China "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 of the Criminal Law of the People's Republic of China provides that 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.

Short-term detention: a criminal punishment method that deprives the offender of his or her liberty for a short period of time and works in the nearest place.

Short-term detention is to be carried out by the public security organs in the nearest detention center or other place of custody, and during the enforcement period, the inmates may go home for one to two days a month, and where they participate in labor, they may be paid as appropriate. It has the following characteristics:

1. Short-term detention is a short-term free sentence. 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 and do not need to be sentenced to fixed-term imprisonment, but need to be detained for a short period of time for reform.

3. Short-term detention shall be carried out by the nearest public security organ. The so-called "nearby enforcement" refers to the execution of the criminal detention facility set up by the public security organ of the county, city, or municipal district where the criminal is located.

Concurrent punishment with other criminal punishments If the defendant commits two crimes and is sentenced to fixed-term imprisonment, short-term detention, or controlled release respectively, that is, the fixed-term imprisonment is chosen as the enforcement punishment, and the short-term detention sentence, controlled release sentence, or fixed-term imprisonment is absorbed; If the defendant commits two crimes and is sentenced to short-term detention and controlled release respectively, the short-term detention sentence is chosen as the execution sentence, and the controlled release sentence is absorbed by the short-term detention sentence.

Legal analysis: 1. The term of imprisonment is different: the period of supervision is between three months and two years, and the combined punishment for several crimes must not exceed three years.

The period of short-term detention shall be between one month and six months, and the maximum penalty for multiple crimes shall not exceed one year. 2. Different enforcement methods: control is a criminal punishment that does not deprive criminals of their personal liberty, but restricts their personal liberty in accordance with the law, and criminals sentenced to controlled release still live in their original social environment.

Detention is during the execution period, and criminals sentenced to criminal detention can go home for one to two days a month: those who participate in labor can be paid according to their discretion. 3. The method of calculating the sentence is different:

Sentence of controlled release: The period of enforcement is calculated from the date on which the sentence is decided, and the time spent in advance before the judgment is taken into custody shall be the date on which the control is actually executed according to the date of each day of detention. Sentence of Detention :

Calculated from the date of execution of the judgment; 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 43.

Criminals sentenced to short-term detention shall be executed by the nearest public security organ, and during the period of enforcement, those sentenced to one day to two more than two days of labor may be paid the most.

Article 38.

The period of control is between three months and two years. Sentenced to controlled release may, depending on the circumstances of the crime, prohibit criminals from entering specific areas, places, and contact with specific people while making a decision. Criminals sentenced to controlled release are to be given community corrections in accordance with law, and where the prohibition orders provided for in paragraph 2 are violated, the public security organs are to punish them in accordance with the provisions of the "China Security Management Punishment Law".

The difference between surveillance and criminal detention: 1. The meaning and nature are different. 2. The term is different. 3. The object is different. 4. The execution is different.

Legal analysisShort-term detention is a criminal punishment method that deprives the offender of his liberty for a short period of time and carries out labor reform in the nearest place. Controlled control is a penal method that does not detain criminals, but restricts their freedom to carry out community corrections. The term of detention is between one month and not more than six months.

When the punishment for several crimes is combined, the maximum shall not exceed 1 year. The period of supervision is between 3 months and 2 years, but it may be extended to 3 years in the case of multiple crimes. The period of controlled release is calculated from the date on which the judgment is enforced, and where the sentence is taken into custody before the judgment is enforced, 1 day of detention is to be deducted from 2 days of the sentence.

Short-term detention is generally only applicable to crimes that are relatively minor in nature and do not cause much harm to society. Control is applicable to crimes where the nature of the crime is light, the danger is small, and the personal danger of the perpetrator is small. Criminals sentenced to short-term detention are to be executed by the nearest public security organs.

Criminals sentenced to criminal detention enjoy two benefits during the enforcement period: first, family visits; The second is to participate in labor, and remuneration can be paid at the discretion. Criminals who have been sentenced to controlled control shall be subject to community liquid corrections in accordance with the law.

Legal basisCriminal Law of the People's Republic of China Article 33: The types of principal punishments are as follows: (1) control; (2) short-term detention; (3) fixed-term imprisonment; (4) Life imprisonment; (5) The death penalty.

There is a difference between surveillance and criminal detention: surveillance 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.

Short-term detention is a criminal punishment method that deprives the offender of his or her liberty for a short period of time and allows him to work nearby.

Legal basisCriminal Law of the People's Republic of China

Article 33: Types of Principal Punishments.

The main types of punishment are as follows: (1) control; (2) short-term detention; (Qihui Sou 3) fixed-term imprisonment; (4) Life imprisonment; (5) The death penalty.

The above is only quietly made for the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.