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The types of punishment are principal punishment and supplementary punishment. The main punishments include: public surveillance, short-term detention, fixed-term imprisonment, life imprisonment, and the death penalty.
[Legal basis].Article 32 of the Criminal Law.
Penalties are divided into principal and supplementary punishments.
Article 33.
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 34.
The types of supplementary penalties are as follows:
a) Fines; 2) deprivation of political rights;
3) Confiscation of property.
Supplementary sentences may also be applied independently.
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Punishment of course refers to the punishment of a criminal offense, which is imposed on the offender who needs to be sentenced. However, in practice, specific penalties are also chosen according to the specific circumstances of the crime and the provisions of relevant laws. So do you know what are the types of punishments in our country?
Let's find out below.
Criminal punishment is a special punishment method created by the state and applied to criminals, which is to strip criminals of certain interests, and to show the negative evaluation of criminals and their actions by the state, and play a role in reforming criminals, protecting society and alerting the world.
According to the provisions of Articles 32, 33 and 34 of the Criminal Law, the types of criminal punishment in China are:
1) Principal punishment. The so-called principal punishment refers to the main punishment method that can only be applied independently. The characteristics of the main punishment are:
It can only be applied independently, and cannot be applied additionally. For individual crimes, only one principal penalty may be applied, and two or more principal penalties cannot be applied. Among them, there are the following five main punishments:
1. Control. The time limit is between 3 months and 2 years, and the combined punishment for multiple crimes must not exceed 3 years.
2. Criminal detention. The time limit is between 1 and 6 months, and the combined punishment for multiple crimes must not exceed 1 year.
3. Fixed-term imprisonment. The time limit is between 6 months and 15 years, and the combined punishment for multiple crimes must not exceed 20 years.
4. Life imprisonment.
5. The death penalty. The death penalty is not applicable to persons under the age of 18 at the time of the offence and to women who are pregnant at the time of trial (including a two-year reprieve).
2) Supplementary punishment. The so-called supplementary punishment refers to the method of punishment applied to supplement the principal punishment, also known as accessory punishment. The characteristics of supplementary punishment are that it may be applied as an additional principal punishment or as a separate punishment. When applied in addition, two or more supplementary sentences may be applied at the same time.
There are three types of supplementary punishments:
1. Fines; 2. Deprivation of political rights;
3. Confiscation of property.
3) Expulsion specifically against aliens. Article 35 of the Penal Code stipulates that expulsion may be applied independently or in addition to the expulsion of an alien who has committed a crime. Deportation is only available to aliens who have committed a crime (including aliens and stateless persons).
The penalty may be applied independently or in addition.
From the relevant provisions of the Criminal Law, it can be known that there are three main types of criminal punishments in China, including the main punishment, supplementary punishment and expulsion specifically for foreigners. The penalty for a particular crime needs to be determined in accordance with the provisions of the relevant law, and not arbitrarily chosen by the judge.
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Legal Analysis: Criminal punishment refers to the criminal punishment that should be received for violating the criminal law, referred to as criminal punishment. 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.
Legal basis: Criminal Law of the People's Republic of China
Article 33: 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 34: The types of supplementary punishments are as follows:
a) Fines; 2) deprivation of political rights;
3) Confiscation of property.
Supplementary sentences may also be applied independently.
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There are five main punishments stipulated in China's criminal law:
1. Control. Control is a kind of penal method that does not detain criminals, but restricts a certain degree of freedom, and hands them over to the public security organs and the masses to supervise and reform.
2. Criminal detention. Short-term detention is a criminal punishment method in which criminals are deprived of their personal liberty for a short period of time and are detained and reformed by the public security organs.
3. Fixed-term imprisonment. Fixed-term imprisonment is a criminal punishment method that deprives criminals of their personal liberty for a certain period of time and undergoes education and reform in prisons and other places of execution.
4. Life imprisonment. Life imprisonment is a punishment method that deprives criminals of their lifelong liberty and undergoes education and rehabilitation in prisons and other places of execution.
5. The death penalty. The death penalty, also known as capital punishment, is a method of punishment that deprives criminals of their lives.
"Supplementary punishment" is a method of punishment that supplements the principal punishment to punish criminals, and there are three types of supplementary punishments provided for in China's Criminal Law
1. Fines; Fines are a penal method that compels criminals to pay a certain amount of money to the state and imposes financial sanctions on criminals.
2. Deprivation of political rights; Deprivation of political rights is a criminal punishment method that deprives criminals of their right to participate in state management and political activities for a certain period of time in accordance with the law.
3. Confiscation of property. Confiscation of property is a penal method in which part or all of the property owned by a criminal is returned to the state without compensation.
Supplementary punishments may be applied either in addition to the principal sentence or independently. The additional application of supplementary punishments refers to the imposition of a certain additional sentence on criminals at the same time as the principal punishment, and for example, a fine may also be imposed on some criminals at the same time as they are sentenced to fixed-term imprisonment in accordance with law. The independent application of supplementary punishments refers to the independent application of supplementary punishments to criminals whose crimes are of a relatively minor nature, and where the crimes are more serious, supplementary punishments cannot be applied independently.
The independent application of supplementary punishments must be applied in accordance with the provisions of the Criminal Law on the separate punishment of supplementary punishments, and cannot be arbitrarily applied as arguments and jokes. For example, for the criminal act of falsely reporting the registered capital, a fine may be imposed separately, or a fine may be imposed at the same time as the sentence of fixed-term imprisonment may be imposed at the same time as the sentence of the bridge. When applied in addition, two or more supplementary sentences may be applied at the same time.
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Penalties are divided into principal and supplementary punishments. The main types of punishment are as follows: (1) control; 2) Short-term detention;
3) fixed-term imprisonment; 4) life imprisonment; 5) The death penalty.
The types of supplementary penalties are as follows: (1) fines;
2) deprivation of political rights; 3) Confiscation of property.
Supplementary sentences may also be applied independently. For foreigners who have committed crimes, expulsion may be applied independently or in addition. When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of our country's laws on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.
[Legal basis].Article 32 of the Criminal Law of the People's Republic of China: [Principal Punishment and Supplementary Punishment]Punishments are divided into principal punishment and supplementary punishment.
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: (1) control; 2) Short-term detention; 3) fixed-term imprisonment; 4) life imprisonment; 5) The death penalty.
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China's criminal punishments are divided into two categories: principal punishment and supplementary punishment. There are five types of principal punishments, namely, controlled release, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty. There are three types of supplementary punishments, namely, fines, deprivation of political rights, and confiscation of property.
For foreigners who have committed crimes, expulsion may be applied independently or in addition.
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According to the provisions of the Criminal Law, there are two categories and eight types. Article 32: Punishments are divided into principal and supplementary punishments. Article 33: 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 34: The types of supplementary punishments are as follows: (1) fines; 2) deprivation of political rights; 3) Confiscation of property.
Supplementary sentences may also be applied independently.
Legal Analysis: Sentencing circumstances in the Criminal Law refer to all kinds of factual circumstances that should or may be considered in deciding whether to sentence the offender and the severity of the punishment in addition to the facts of conviction provided for or recognized by criminal law, reflecting the degree of harm to society of the criminal conduct and the degree of personal danger of the offender. >>>More
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