-
Imprisonment means being put in prison. The public security organ that detains the convict shall send the convict to the prison to enforce the sentence within one month of receiving the people's court's notice of enforcement of the sentence sentenced to death with a two-year suspension, life imprisonment, or fixed-term imprisonment, or the judgment taking effect. Prisons follow legal procedures to take prisoners sentenced to death with a two-year reprieve, life imprisonment, or fixed-term imprisonment.
Imprisonment means the beginning of the execution of the sentence, which is a serious law enforcement activity that must be carried out in strict accordance with the procedures established by law.
When people's courts transfer convicts to prison to serve their sentences, they shall concurrently serve the necessary legal documents, including a copy of the people's procuratorate's indictment, the people's court's judgment, enforcement notice, and case closure registration form. Prisons are not allowed to admit convicts when they are handed over for execution without receiving the above-mentioned legal documents. Where the above-mentioned documents are incomplete or incorrect, the people's court that made the effective judgment shall promptly supplement or make corrections; Where it might lead to erroneous imprisonment, they are not to be taken into custody.
Necessary physical and physical examinations shall be conducted for convicts who are taken into custody and the belongings they are carrying. During the physical examination, it is discovered that a convict sentenced to life imprisonment or fixed-term imprisonment has a serious illness requiring medical parole, or that the convict is a woman who is pregnant or breastfeeding her own baby, may be temporarily suspended from prison, except for convicts sentenced to death with a two-year reprieve. The prison shall inform the people's court of the results of the physical examination, and the people's court is to decide whether the convict who meets the requirements for temporary non-imprisonment will be allowed to serve his sentence outside of prison.
During the examination of the person and belongings of the convict, the prohibited items seized shall be confiscated, and the non-necessities shall be kept by the prison or returned to the family with the consent of the convict. Female offenders shall have their persons and belongings inspected by the female people's police. Convicts are not allowed to bring their children to serve their sentences in prison.
Article 15 of the Prison Law of the People's Republic of China: 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 reprieve, 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.
-
Get the verdict. He was sentenced to three years in prison and was not imprisoned for three months. When the sentence is over, he will not be imprisoned again, because he has completely forgotten it.
-
The length of detention is to be deducted from the sentence, but the term of imprisonment cannot be less than half of the original sentence, including the current commutation system, which is also limited to half of the original sentence, and cannot be less than half.
-
If it is said that it is served outside of prison, it will not be taken to prison, and if it is not, it will be taken to prison, depending on whether your judgment is served outside of prison.
-
Was it so lucky? Take it for good luck.
-
Why was there no imprisonment.
You have a certificate of whether you have been released from prison or not.
Your question is strange.
You can only be suspended if you are sentenced to a prison sentence of less than three years, and if you don't go to prison, you have been in prison for more than three years, why haven't you gone in, what is the legal document that you don't go into.
It is recommended to ask the public security bureau and the court.
-
If the sentence expires, there is no need to be sent to prison again, and if you are sent to prison again, it will be an exceedance.
-
The main reasons for not being sent to prison after being sentenced to actual punishment are:
1. If there is no appeal within 10 working days from the date of receipt of the judgment, it may be that the procuratorate has protested, and the case has entered the second-instance trial procedure, and the first-instance judgment does not take effect;
2. Where the detention center is responsible for surrendering a criminal sentenced to fixed-term imprisonment by the court, the verdict will be issued to the detainee within 15 working days. Detention centers will consider the overall situation of detainees, and generally speaking, the principle of proximity is the principle. If the conditions for admission to the prison are not met, the detention center will be responsible for changing the compulsory measures according to the person's circumstances.
1. How to calculate the sentence if you are not sent to prison after sentencing.
The sentence served outside of prison is calculated within the period during which the sentence shall be served, and the calculation method is that one day of the sentence is deducted for each day served outside of prison, that is, the equivalent is exchanged, and the sentence continues to be calculated if the sentence is taken into custody. However, where convicts who do not meet the requirements for temporary service of sentence outside of prison are temporarily served outside of prison through bribery or other illegal means, the period of serving their sentence outside of prison is not included in the enforcement of the sentence. Where convicts escape during the period of temporary service of sentence outside of prison, the period of escape is not included in the period of serving the sentence.
2. Will I be sentenced to a real sentence if I am imprisoned after that?
Yes. People's courts shall send a notice of enforcement and judgment to the public security organ where the convict is detained, and the public security organ shall send the convict to prison to enforce the sentence within one month of receiving the enforcement notice or judgment.
Legal basisCriminal Procedure Law of the People's Republic of China
Article 228.
When local people's procuratorates at any level find that the judgment or ruling of the people's court at that level is truly in error, they shall raise a procuratorial counter-appeal to the people's court at the level above. Article 259.
Judgments and rulings are enforced after they have taken legal effect.
The following judgments and rulings are legally effective judgments and rulings:
1) Judgments and rulings in which there is no appeal or prosecutorial counter-appeal after the legally-prescribed time limit has passed;
2) Final judgments and rulings;
3) Death sentences approved by the Supreme People's Court and death sentences approved by the High People's Court with a two-year reprieve.
-
Legal Analysis: Criminals who may be sentenced to actual punishment are not sent to prison, such as those with serious illnesses, women who are pregnant or breastfeeding babies, and are unable to take care of themselves, resulting in non-imprisonment.
Legal basis: On the basis of article 265 of the Criminal Procedure Law of the People's Republic of China, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison in 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 own infants;
3) Unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.
Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.
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.
Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.
The validity of the judgment is independent of whether the defendant can be found: the first-instance judgment takes effect after the expiration of the 15-day appeal period; The second-instance judgment takes effect on the date on which the judgment is pronounced (the judgment is pronounced periodically) or the date on which the judgment is delivered (the judgment is pronounced at court). If the defendant cannot find it, service by announcement, service by entrustment, or service by retention in custody shall apply. >>>More
The differences between a judgment and an award are as follows: >>>More
Your friend is suspected of committing a crime, and the case has not been tried at all, and now the case is estimated to be in the review and prosecution stage or has just been accepted by the court, so you can apply for bail pending trial, and you need to prepare money to go to the public security organ to go through the formalities.
1. The service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt and sign or affix a seal on the receipt of service. >>>More
1. The newspaper statement has requirements for the grade of the newspaper, and it is required to be published in the newspaper at the municipal level and above. If the replacement authority is not specified, it is best to choose a national newspaper, such as China Business Daily and People's Daily. Because the higher the rank, the higher the authority, and the lower the fee. >>>More