How many months does the criminal law have to sit in a year, and how many days is a month in the cri

The length of the sentence and the actual length of time served are not necessarily the same, and they are often not the same. Where there is truly repentance or meritorious service during the enforcement period, the original sentence may be appropriately commuted. The prison where I interned was a cumulative demerit system, and the sentence was reduced by one year if I reached 40 points.

The actual sentence to be served after commutation must not be less than one-half of the original sentence. Moreover, after serving a certain sentence, they may be conditionally released early because they have complied with prison rules, received education and reform, and have truly shown repentance and reform, and will no longer endanger society, provided that more than half of the original sentence is served. So, if you say that you will be sentenced to one year in prison, the real time to serve the sentence will be at least half a year, and the 10 months you said is completely possible.

Among them, the sentence of controlled release is not less than 3 months but not more than 2 years, and the combined penalty for multiple crimes shall not exceed 3 years.

The sentence of short-term detention is not less than 1 month but not more than 6 months, and the combined punishment for multiple crimes shall not exceed 1 year.

The term of imprisonment is not less than 6 months but not more than 15 years, and the penalty for several offences shall not exceed 20 years.

Your friend says it's possible to sit for 10 months a year.

For example, a sentence of 5 years in prison is usually 3 years.

What about the other two months? Statutory holidays? And the holiday gifts, right?

Legal analysis: The convict is of course 12 months in prison for one year, and there is a clear time limit in the verdict. However, during the period of serving sentence and reform, there is truly repentance or meritorious service, and the requirements for commutation are met, the sentence may be commuted in accordance with law.

The period of imprisonment in prison is generally calculated from the date of judgment, and for those who have been detained before, one day of imprisonment will be deducted from the sentence for each day, and the time is based on the Gregorian calendar, and the period of imprisonment is exactly the same as the external algorithm, and there is nothing special about it. Twelve months in prison is counted as a year, and a month is generally counted as 30 days. As soon as the judgment takes effect, they can be visited, 10 days after the first trial, and on the same day when the judgment is pronounced in the second instance.

1. During the investigation by the public security department, only lawyers are allowed to meet with criminal suspects 2. After the court decides the sentence, family members can visit them Article 48 of the "Prison Law of the People's Republic of China" stipulates that only the relatives and guardians of convicts can exercise the right to visit prisons. Prison inmates wake up at 6:20 a.m. every morning for roll call; Some prisons have to go out for exercises, start eating at 7 o'clock in the morning, and tidy up housekeeping after eating, generally 8:00

Start work at 30, finish at 11:30 noon, have lunch at 12 o'clock, and have lunch in some prisons, and can take a lunch break if possible. Work starts at 2 p.m. and ends at 5 p.m.

Then the meal started at 6 o'clock in the evening, and after eating, the group watched the news. Offenders have the right to rest on statutory holidays and rest days.

Legal basis: "Criminal Law of the People's Republic of China" Article 47: Where the sentence of fixed-term imprisonment is calculated from the date on which the judgment is enforced, and the sentence is deducted by one day for each day of detention.

Derivative question: Does release on bail count as jail time?

Not in prison. The term "imprisonment" usually refers to the person being taken into custody to serve his sentence after being sentenced. However, release on bail pending further investigation is only a criminal coercive measure taken against a criminal suspect or defendant, and it is up to the court to decide whether a crime is constituted in the end.

If the person is finally sentenced by the court and is taken into custody to serve his sentence, he is considered to be serving a prison sentence.

Legal analysis: It is generally calculated according to 30 days, divided into large and small months, and the last day of the month is the full day. The period of serving a sentence is generally calculated from the date of judgment, and for those who have been detained before, one day of imprisonment is deducted for each day of detention, and the time is based on the Gregorian calendar, and the period of serving a sentence is exactly the same as the external algorithm, and there is nothing special about it.

Twelve months is counted as a year, and a month is generally counted as 30 days. However, in criminal law, sentences are calculated on the basis of dates.

Legal basis: "Criminal Law of the People's Republic of China" Article 47: Where the sentence of fixed-term imprisonment is calculated from the date on which the judgment is enforced, and the sentence is deducted by one day for each day of detention.

Legal analysis: The term of imprisonment in prison is generally calculated from the date of judgment, and for those who have been detained before, one day of detention will be deducted from one day of sentence, and the time is in the Gregorian calendar, and the period of serving a sentence is exactly the same as that of the outside algorithm, and there is nothing special about it. The first two months of a prison are counted as a year, and a month is generally counted as 30 days.

Legal basis: Article 47 of the Criminal Law of the People's Republic of China The term of fixed-term imprisonment 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 78 of the Criminal Law of the People's Republic of China: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, truly show repentance and reform, or have meritorious service; Where there is any of the following major meritorious contributions, the sentence shall be commuted:

1) Preventing others from engaging in major criminal activities;

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.

The actual sentence to be served after commutation must not be less than the following periods:

1) Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence;

2) Where a sentence of life imprisonment is given, it must not be less than 13 years;

3) Where the people's courts restrict commutation of sentences in accordance with paragraph 2 of article 50 of this Law, criminals whose sentence is suspended must not be less than 25 years if the suspended sentence is commuted to life imprisonment in accordance with law after the period of suspension is completed, and where the sentence is commuted to 25 years imprisonment after the completion of the suspended period of enforcement, it must not be less than 20 years.

A year is calculated as 12 months. The term of imprisonment is calculated from the date of execution of the sentence; 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. In other words, a one-year sentence may be followed by a few more months of detention after the sentence before he can be released.

Fixed-term imprisonment is a kind of criminal punishment stipulated in China's criminal law, which refers to the criminal punishment method of depriving the offender of his or her liberty for a certain period of time, and the letter bureau implements forced labor reform. When the suspect for the first crime is sentenced in accordance with law and the judgment takes effect, the detention center is to enforce the remaining sentence of less than 3 months, and the juvenile is to be served in a juvenile correctional facility.

Legal analysis: The term of imprisonment in prison is generally calculated from the date of judgment, and for those who have been detained before, one day of detention will be deducted from one day's sentence, and the time is adopted in the Gregorian calendar, and the time limit for serving a sentence is exactly the same as the algorithm outside, and there is nothing special about it. Twelve months in prison is counted as a year, and a month is generally counted as 30 days.

Legal basis: "Criminal Law of the People's Republic of China" Article 47: Where the sentence of fixed-term imprisonment is taken into custody before the judgment is executed from the date on which the judgment is enforced, one day of the sentence is to be deducted for each day of late detention.

Legal analysis: The period of serving a sentence is generally calculated from the date of judgment, and if a person has been detained before, one day of detention will be deducted from one day of sentence, and the time is based on the Gregorian calendar, and the period of serving a sentence is exactly the same as the algorithm outside, and there is nothing special about it. Twelve months is counted as a year, and a month is generally counted as 30 days.

However, in criminal law, sentences are calculated on the basis of dates. China's Criminal Law of the People's Republic of China clearly stipulates: "The term of fixed-term imprisonment shall be 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.

The family members of the prisoners often see that they may have been sentenced to three years, but they come out after more than two years, and they mistakenly think that there are only a few months in a year, but in fact the prisoner's sentence has been commuted.

Ordinary commutation is generally decided on the basis of the convict's admission of guilt and acceptance of the law, reform and repentance, and commutation is to be given by submitting an opinion and reporting to the same level for ruling. At the same time, the procuratorate has the right to supervise commutation recommendations. In general, the sentence is reduced by one year for each time there is a lot of noise, two years for those who have made meritorious contributions, and three years for those who have outstanding meritorious service.

Where a sentence of 5 years or more imprisonment is given, the sentence may be commuted for the first time only after one and a half years have been served, and the interval between the two commutations must not be less than two years.

Legal basis: Article 47 of the Criminal Law of the People's Republic of China The term of imprisonment shall be calculated from the date of enforcement 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.