Can I go to other places during the seven month sentence that has not yet been served?

Whether or not a seven-month sentence will be served in prison depends on whether or not he is detained during the investigation, review of prosecution, and trial phases. If they are detained, each day of detention shall be reduced by one day of their sentence. After the deduction, those with less than three months of the remaining sentence are to be served in the detention center and are not to be surrendered to prison.

Article 264 of the Criminal Procedure Law of the People's Republic of China stipulates that 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. Legal basis:

Article 264 of the Criminal Procedure Law of the People's Republic of China: 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.

Article 15 of the Prison Law: People's courts shall send a notice of enforcement or judgment to the public security organ where the convict is detained for a convict sentenced to death with a two-year suspension, life imprisonment, or fixed-term imprisonment, and the public security organ shall send the convict to the prison to enforce the sentence within one month of receiving the enforcement notice or judgment.

Where the remaining sentence of the convict is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.

Legal Analysis: Those who have less than 3 months remaining in their sentence after the judgment takes effect remain in the detention center to serve their sentence, and those who exceed 3 months are to be sent to prison to serve their sentence. The remaining sentence you are talking about is 7 months, to be sent to prison to serve the sentence.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 253: 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, the detention center is to enforce the remaining sentence of less than three months before they are transferred for enforcement. Convicts sentenced to short-term detention are to be enforced by the public security organs.

After sentencing, they may serve their sentence outside of prison, but they need to meet the conditions for serving their sentence outside of prison. Those who have a serious illness and need to be released on medical parole; Women who are pregnant or are in the process of breastfeeding their infants; If a person is unable to take care of himself, he or she shall be temporarily served outside of prison Convicts who do not endanger society may apply for a sentence of imprisonment and non-compliance with their reputations. When the reason for serving the sentence outside of prison disappears (e.g., recovery from illness, expiration of breastfeeding period, etc.), if the sentence has not yet been completed, continue to serve in prison; If the sentence has expired, they should be released in a timely manner.

After being sentenced to 7 months and already serving 3 months in prison, can it be served outside of prison?

Hello, the sentence of 7 months has already served 3 months, whether it can be served outside of prison, this question depends on the specific situation, and if the following circumstances are met. There is no statutory reason why a person cannot serve his sentence outside of prison. Article 254 of the Criminal Procedure Law stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may temporarily serve his sentence outside of prison under any of the following circumstances:

1. Those who have a serious illness and need to be released on medical parole; 2. Women who are pregnant or breastfeeding their babies; 3. Unable to take care of oneself, and the application of temporary service of sentence outside of prison will not endanger society. Where there are circumstances provided for in item (2) of the preceding paragraph, convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison. Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.

Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents. There are three types of situations in which the execution of sentences outside of prison is divided: 1. Convicts sentenced to "controlled release" punishment for trapped limbs shall not be returned to prison and shall be enforced by the public security organs.

2. Convicts sentenced to up to 3 years imprisonment may, on the basis of article 72 of the Criminal Law, truly show repentance and reform, and it is declared that a suspended sentence will no longer endanger society. 3. Convicts sentenced to fixed-term imprisonment may be released on parole upon approval to serve more than half of the original sentence. It is the execution of the remaining sentence outside of prison.

Yes. The full name for serving a sentence outside of prison shall be called temporary service of sentence outside of prison, and refers to a system for enforcing criminal punishments in which community corrections establishments decide not to accept prison for a time being, or to temporarily serve a sentence outside of prison for convicts sentenced to life imprisonment, fixed-term imprisonment, or short-term detention. However, convicts sentenced to death or suspended sentences will be imprisoned.

Where it is discovered in the course of enforcement that temporary service of sentence outside of prison is to be submitted by the enforcement organ and reported to the competent judicial organ for review and approval. During the period of serving a sentence outside of prison, the convict shall be counted within the period of sentence. When the reason for serving a sentence outside of prison disappears (e.g., recovery from illness, completion of the lactation period), and the sentence is not satisfied, continue to serve the sentence outside of prison; and where the sentence is completed, they shall be promptly released.

According to the relevant provisions of the Criminal Procedure Law, convicts sentenced to fixed-term imprisonment or detained for military service may temporarily serve their sentence outside of prison in any of the following three circumstances: (1) they have a serious illness and need to be released on medical parole; (2) women who are pregnant or breastfeeding; (3) Unable to take care of oneself, it is applicable to temporary service of sentence outside of prison.

Criminal Law of the People's Republic of China

Article 78.

Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service;

Where there is any of the following major meritorious services, the sentence should be commuted

1) Obstructing the major criminal activities of others;

2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation;

3) There are inventions, creations, or major technological innovations;

4) sacrificing oneself to save others in daily production or life;

5) Outstanding performance in resisting natural disasters or eliminating major accidents;

6) Other major contributions to the state and society.