Features
The sentenced the following characteristics compared to other penalties:
1, it is dedicated to the criminal in a certain period of time and deprived its personal freedom.
2, the sentence in prison is large and has a wide range of applicability. The upper limit of the sentence in prison is connected to life imprisonment, the lower limit is associated with criminal detention, and the intermediate span is large, with a large variableity. It can be used as a serious criminal act; it can also be used as a moderate criminal act for hazardous homes; it can also be used as a small sentence to harm less criminal act. Therefore, in prison in my country's penalty system is a wide range of penalty methods. In the criminal law, all provisions stipulate the legal punishment.
3, criminals should be enforced to receive education and labor transformation. Criminals who are sentenced to fixed-term imprisonment, all have labor, should participate in labor, accept education and transformation. This kind of labor is mandatory, reflecting my country's policy of implementing labor and education transformation of criminals.
Applicable objects
The applicable object in prison can be different from the sentence. Criminal law stipulates a wide-term legal sentence in prison; at the same time, the highest probation and minimum penal can be found according to the harm of various crimes; many provisions have set a few different sins. The legal prisoner of imprisonment. In these regulations, the sentence is roughly divided into three categories: more than 10 years in prison for long-term imprisonment; more than three years, less than 10 years in prison is medium-term imprisonment; 3 years, less than three years, sentenced to short term imprisonment. Senct 5 sentences in different periods, their applicable objects are also different.
1, the applicable object of long-term imprisonment. Long-term imprisonment is generally applicable to criminals that are serious, bad circumstances, and greater personal hazardous.
2, the applicable object of the interim value. The mediation period in the interim offenders is wide, and the applicability is also wider. There are many crimes in criminal law, in the mid-term imprisonment as the only legal sentence.
3, the applicable object of short-term imprisonment. In criminal law, some criminal statutory is the highest sentence is short-term imprisonment, such as insult, defamation, illegal deprivation of civic religious beliefs, destroying the sin, sin, gambling crime, and insult national flag national emotions.
Calculation period Calculation period Article 45 stipulates that in addition to Article 50 and 69 of this Law, it is six months or more.
First, according to Article 50 of the Criminal Law and Article 4 of the Criminal Law, Article 4, the death penalty is executed, during the execution of the death penalty, if there is no intentional crime, after the second year, Divided to life imprisonment; if there is a significant manifestation, after the two-year period, it is reduced to the twenty-five-year imprisonment; if it is intentional crime, it is true, and the Supreme People's Court approved, and the death penalty was performed.
Second, according to Article 69 of the Criminal Law Amendment (8), the judgment declares that the prior to the crime of one person, except for the death penalty and life imprisonment, should be below the total sentence, number of punishment The highest sentence is above, and the execution period is determined by the execution, but the maximum control is not more than three years. The highest arrest is not more than one year, and the total sentence is less than 30 years. The highest can not exceed 20 years, the sum of the total sentence is in 35 years. The above, the highest can not exceed twenty-five years. "There is a sentence to be sentenced to the sentence, and the additional sentence is still subject to the additional sentence, with the same type of criminal species, different types, and different types,"
, according to the provisions of Article 71 of the Criminal Law, criminals During the prison, new crimes were committed, the previous sin did not implement the penalty for the execution of the penalty to determine the punishment that should be implemented, and the actual implementation period may exceed 15 years, even reached 25 years.
In prison, the criminal law regulates the calculation from the date of execution of the implementation; the judgment is detained before, and detained the 1st discount. The so-called "date of judgment" refers to the date of issue execution notice of the people's court.
Exemplified range
The amplitude of the sentence is generally divided into three:
1. long-term imprisonment, refers to the criminal circumstances, social hazards Ten years of sexual more than ten years;
II. In the middle of the sentence, it is a sentenced in prison for more than three years of serious circumstances and social harmful social harm;
Third, short-term imprisonment, refers to three years in prison for more than three years of criminal circumstances and more social harmful.
Defense
The sentence of the sentence is calculated from the date of the sentence, and the judgment is detained before the implementation of the decision, and its detailed one can be folded.
1, during the execution period, if there is any repentance or manifestation, it can be commuted after two years of prison. In order to make the commutation of life imprisonment, it should be responsible for the commutation of death, and the prisoner's prisoner is responsible. It is generally reduced to the prison for more than two or more than two or more than two or more; And there is a dynamic performance, which can be reduced to a punishment of less than 13 years.
2, life imprisonment is re-criminal during the execution, and is sentenced to the following penalty in the sentence, and will not be killed in the next two years since the judgment of the new defense; sentence imprisonment for new sins. The start time of the commutation should be prolonged.
3, the criminal law on the actual implementation of life imprisonment is not less than thirteen years, and should be calculated from the date of independent sentence judgment.
Execute
my country's criminal law has clearly stated in the implementation places and implementation methods of inhalation. According to Article 46 of the Criminal Law, criminals who are sentenced to fixed-term imprisonment are performed in prisons or other implementations. "Other execution places" refers to the department, criminal detention, and the like. All criminals who are sentenced to fixed-term imprisonment have labor, and they should participate in labor, accept education and transformation.
specified as different and different
In prison, this word is mostly used in mainland China. In the Hong Kong Special Administrative Region and some Western countries or regions, it is also known as imprisonment, which is a penalty method for depriving human freedom of criminals. In prison, the sentence is very large, and different countries or regions have different implementation of this penalty. China's Macao Special Administrative Region prohibits life imprisonment, so there is no more than a sentence in prison in the local area.
The People's Republic of China
in the People's Republic of China, in prison can be more than 15 years, but it cannot exceed 25 years. According to Article 33 of the Criminal Law of the People's Republic, there is a case in which sentences are the main sentence. The first computation of the Criminal Law of the People's Republic of China has:
Article 45: The deadline in prison, in addition to Article 5, Article 69, For more than six months or more.
Article 46: Criminals who are sentenced to fixed-term imprisonment, executive in prison or other execution places; any labor capacity, should participate in labor, education and transformation.
Article 47: The sentence of the sentence is calculated from the date of execution of the judgment; the judgment has been detained before, and the detailed one day is detained. (The "Daily Decision Execution", the Dean of the People's Court issued the implementation notice, along with the copy of the judgment, and the underage committee, delivered to the date of implementation of the management of the management, ")
Article 50 : The death penalty is executed, during the execution of the death penalty, if there is no intentional crime, and has a significant performance, after the second year, it is reduced to the prison in prison for 25 years.
Article 51: The death penalty is initialized to reduce the sentence period of imprisonment, which is calculated from the date of execution of the death penalty.
Article 65: The criminals who were sentenced to more than the above penalty, the penalty execution was completed or forgiven, in five years, it should be sentenced to the criminal sentence of the above penalty, which is tired, should be Penalty, except for negligence crime.
Article 69 The judgment declared a crime of a crime before, except for the death penalty and life imprisonment, should be under the sum of the most sentenced periods, the highest punishment period, as appropriate, decided to implement the execution, but The highest control is not more than three years, the highest arrest is not more than one year, and the total sentence is less than 30 years. The highest can not exceed 20 years, the sum of the total sentence is more than 35 years, the highest can not exceed 25 years.
If there is a quotation of the sentence, it is still necessary to perform it.
In the legal punishment of criminal law, all years of imprisonment have been sentenced to more than a few years, and this ceiling is 15 years, and there is nothing to indicate the lower limit for several years. The lower limit is 6 months.
People's Republic of China Special Administrative Region
In Hong Kong, all crimes will set their imprisonment at the time of legislation, such as illegal employment cannot be legitimate The highest punishment hired is for three years. However, there is no crime to set its imprisonment, such as infringement of the crime of crime according to the Legal of Hong Kong, and the second "murder", pointed out that "anyone has been confined to murder, that is, it must be lifted by life."
People's Republic of China Special Administrative Region
Because Article 39 of the Macau Criminal Code requires no death penalty, it is not allowed to set up permanent, indefinite or During the period, uncertain deprived of freedom or security is divided, so Macau's imprisonment is similar to the "Republic of China" and the People's Republic of China. Article 41 of the Macao Criminal Code stipulates:
1. The sentence is generally one month, up to twenty-five years.
II. In the case of exception, the law is the maximum limit as set by the Ferry for thirty years.
three, in any case, do not exceed the highest limit referred to.
The People's Republic of China
According to Article 33 of the Criminal Law of Taiwan, there is a sentence in prison is a principal penalty. During the period, it is more than ten months. Five years or less, but there is an addition or subtraction, it has to be reduced to not full, or add to twenty years. In Article 35, a period of imprisonment is relatively dead and life imprisonment is light, and is divided into weight and fine. In paragraph 51, the number of crimes and penalties were declared, and the most frequent sentences were declared, and the prison periods of each punishment were below the sentence, and they were sentenced to more than 20 years.
Western countries
in Western countries, there is no upper limit of imprisonment, and various penalties can be accumulated, such as two kinds of people The criminal behavior is sentenced to 5 years and 6 years in the West, then he will get a 11-year sentence, and China will take a judgment greater than 6 years and less than 11 years. The Western rule will actually lead to change Listening to life imprisonment.
related cases
Chen Liangyu first trial two crimes were sentenced to 18 years
April 11, 2007, the Political Bureau of the Communist Party of China Member, the original secretary of the Shanghai Municipal Party Committee, Chen Liangyu, was sentenced to 18 years in prison by Tianjin Second Intermediate People's Court in the afternoon of the 11th, in the afternoon of acceptance of bribery and abuse of power, and confiscated personal property of 300,000 yuan.
"Qi Di Pharmacy" fake drug case first-instance prisoner was sentenced to 7 years in prison
Guangzhou Intermediate People's Court April 29, 2008 Qiqihar City Second Pharmaceutical Co., Ltd. fake drug case made a first-instance, and five defendants, deputy general manager of the company, were sentenced to seven years to 4 years to four years since the crime of crime for major liability accidents.
The high-tiger judge of Yan Yan is sentenced to one year in prison
April 17, 2007 At 3 o'clock in the afternoon of Hubei Province, Yucheng District People's Court The crime of criminalizing the crime of the father and the father of the defendant's high-tech, and the high-tech crime was sentenced to one year of imprisonment.