The system and type of punishment
--------------------
conception:
Penal system: refers to the sum of various penal methods arranged in a certain order as stipulated by the criminal law. The methods of punishment are arranged in a certain order, have a rigorous internal structure, and form an organic whole, so as to effectively play the function of punishment and achieve the purpose of punishment.
There are two classification methods of criminal punishment, which can be divided into life punishment, asset punishment, freedom punishment and qualification punishment according to the nature of depriving and restricting the rights and interests of criminals.
Classification of criminal punishment in China: According to the provisions of articles 32, 33 and 34 of China's criminal code, criminal punishment is divided into two categories: main punishment and additional punishment.
There are five main sentences: public surveillance, criminal detention, fixed-term imprisonment, long-term imprisonment, and death penalty;
Additional penalties include fines, deprivation of political rights, and confiscation of property.
In addition, article 35 of the Penal Code provides that expulsion may be applied independently or additionally to aliens who have committed a crime. Accordingly, expulsion is also an additional punishment.
Characteristics of China's penal system:
(1) The system is complete and the structure is rigorous, adapting to the needs of the struggle against crime.
The four types of punishment are all arranged from light to heavy, with clear primary and secondary and heavy and heavy. Among them, the main punishment is only life punishment and freedom punishment, which maintains the severity of the main punishment in nature, while the additional punishment includes property punishment and qualification punishment, which can be applied alone or used in conjunction with the main punishment, so that the main punishment and the additional punishment complement each other, leniency and severity are complementary, avoiding the limitations of a single punishment, and is conducive to fighting against different crimes.
(2) The method is humane, the content is reasonable, and the humanitarian spirit is embodied.
First of all, China's criminal law system takes free punishment as the core, there is no cruel physical punishment and humiliating shame punishment, although the death penalty is retained, the application of the death penalty is strictly restricted, ensuring that the method of punishment is humanitarian. Secondly, there has also been a reasonable progress in the method of enforcing criminal punishments, with the death penalty being carried out by shooting or injection; the implementation of labor reform for criminals sentenced to deprivation of liberty, the prohibition of corporal punishment, abuse, insults and scolding; the implementation of equal pay for equal work for criminals sentenced to control; and the fact that criminals sentenced to criminal detention are allowed to return home for one to two days a month, and where they participate in labor, they may be paid as appropriate. These are concrete manifestations of the humanitarian spirit of our punishment.
(3) Combining leniency with severity and combining punishment with education reflects the basic requirements of criminal policy
In our country, the application of criminal punishment to crimes is not simply for the purpose of punishment and retaliation, but the policy of combining punishment and leniency and punishment with education is implemented. Transform the vast majority of criminals into new people. Although China's punishment retains the harsh punishment method of the death penalty to punish a small number of criminals who have committed the most heinous crimes, the law has made strict restrictive provisions on the application of the death penalty. Criminals who should be sentenced to death but do not have to be executed immediately may be suspended for a period of two years; for criminals who do not apply the death penalty, according to the seriousness of their crimes and the degree of personal danger, they shall be subject to public surveillance, criminal detention, fixed-term punishment, and indefinite sentences, and they shall be subject to labor reform. In the specific implementation of criminal punishments, systems such as commutation of sentences and parole have also been implemented to encourage criminals to abandon evil and follow the good and become people again.
Scattered review: China's penal system is complete, from light to heavy, the heaviest retention of life punishment, but the life punishment has been strictly restrictive, for example, the Eighteenth National Congress or the Nineteenth National Congress set the execution of the death penalty by the Supreme People's Court. In addition, China's criminal punishment is mainly free punishment, and during the period of loss of freedom, convicts are educated into new people through forced labor reform; life punishment and freedom punishment are the main sentences, and the additional criminal property punishment and qualification punishment can be applied separately or used in conjunction with the main punishment, and the combination of punishment and education is achieved through the specific implementation of the criminal punishment system, so as to achieve the purpose of criminal punishment to prevent crimes and reform criminals. The content of our punishment embodies the humanitarian spirit and there is no physical punishment or insult. Executions are carried out by firing and injection (it seems that all of them have now been replaced by injection?). More humane). The kind sentenced to life and for a term, not abusive and scolding, but forced labor without pay. Those sentenced to controlled work are paid equally for equal work; those sentenced to criminal detention are allowed to go home for one or two days a month, and those who are willing to work are given a certain remuneration.
Chief Punishment
The main penal methods applicable to criminals. The characteristic is that it can only be applied independently, not additionally, that is, for a crime, only one main punishment can be applied, and two or more main punishments cannot be used. It includes five penal methods: the control of detention for a fixed period of time and the death penalty.
I. Control is a penal method of not detaining criminals, but restricting certain freedoms, and implementing community corrections in accordance with law. It is a kind of light punishment unique to our country. Features are:
(1) Objects of application of control: The Criminal Law does not make clear restrictions. As long as there is control in the statutory punishment stipulated in the sub-provisions of the Criminal Law, the people's court, on the basis of the specific circumstances of the case, believes that the crime is not enough to impose a fixed-term sentence or other main punishment, and it is appropriate not to detain the criminal, may be sentenced to control and restrict a certain degree of personal freedom. (The law stipulates that there is control, but it is not suitable for detention and detention if it does not reach a certain period of time)
(2) The target of the control shall not be detained. That is, the perpetrator's personal freedom is not deprived. The open nature of the controls helps to avoid the hidden ends inherent in short-term liberties.
(3) Have a certain period of time. The Penal Code stipulates that the period of control is more than 3 months and less than 2 years. The combined penalty for several crimes shall not exceed 3 years. Calculated from the date of enforcement of the judgment, if the person is detained before enforcement, the one-day detention shall be paid for 2 days of the sentence, and the period of control shall be completed, and the enforcement organ shall announce to the person himself or the people in his unit or place of residence to lift the control.
(4) An injunction may be applied (yes, not necessarily, the court applies the injunction according to the circumstances).
Article 38, paragraph 2, of the Criminal Law stipulates that the sentence of control may be based on the circumstances of the crime, and at the same time prohibit the offender from engaging in specific activities during the enforcement period, entering specific areas, places and contacting specific people. (The court pronouncing the injunction shall, on the basis of the reasons for the crime, the nature of the crime, the means of the crime, the expression of remorse after the crime, the consistent performance of the individual, and other circumstances, fully consider the degree of association with the crime committed, and decide in a targeted manner to prohibit him or her from "engaging in specific activities, entering specific areas, places, and contacting specific people" during the period of control.
The duration of the restraining order may be the same as the period of control, or it may be shorter than the period of control, but not less than 3 months. Where the date of detention before the enforcement of the control is set off, resulting in a period of control of less than 3 months, the restraining order shall not be affected, and the period for the enforcement of the restraining order shall be calculated from the date of enforcement of the control.
That is, if a person's control period expires, but the restraining order is not lifted, the restraining order must be observed until the expiration of the restraining order.
(5) Lawfully carry out community corrections (article 38, paragraph 3 of the Criminal Code), and lawfully carry out community corrections for criminals sentenced to public surveillance. Community corrections is a method of execution as opposed to correction of imprisonment, which refers to the non-custodial punishment enforcement activities of placing convicts who meet the legal requirements in the community, with the assistance of relevant social groups, non-governmental organizations, and social volunteers, and within the time limit determined by the judgment, ruling or decision, and promoting their smooth return to society. The injunction is the responsibility of the community corrections institution under the guidance and management of the judicial administrative organ (for example, our township is responsible for enforcing it by the township judicial office).
(f) Enforcement of controls
Article 39, paragraph 1, of the Penal Code stipulates that criminals sentenced to controlled control shall observe during the enforcement period: (1) abide by laws and administrative regulations and obey supervision; (2) they may not exercise their rights to freedom of speech, publication, assembly, association, procession, and demonstration without the approval of the enforcement organ; (3) report their activities in accordance with the provisions of the enforcement organ; (4) abide by the regulations of the executive organ on meeting guests; (5) leave the city, county, or move to the executive organ for approval. Article 39, paragraph 1, stipulates that "criminals under control shall be paid equally for work of equal value in the course of their work".
2. Criminal detention
Criminal detention is a penal method of depriving the offender of his freedom for a short period of time and carrying out labor reform in the vicinity. Detention is a short-term sentence of liberty, a light sentence between controlled and fixed-term imprisonment in the main sentence.
(1) Applicable objects of criminal detention
Applies to offenders whose offences are less serious and who must be deprived of their personal liberty for a short period of time for labour rehabilitation.
(b) Detention is a penal method of deprivation of liberty. This is the key to the difference between detention and control. Detention deprivation of the criminal's personal liberty for a short period of time, the imposition of detention, and the compulsory reform of those who have the ability to work are short-term free sentences with a certain degree of punitiveness.
(3) The period of detention is relatively short and the range is narrow.
Articles 42 and 69 of the Penal Code stipulate that the period of detention shall be more than 1 month and not more than 6 months, and the penalty for several crimes shall not exceed 1 year. The period of detention is calculated from the date of enforcement of the judgment, and where the judgment is taken into custody before the judgment is executed, 1 day of detention is offset by 1 day of the sentence. (This is different from control, where detention is one day to two days, and detention is only one day in detention.) It can be thought of as follows: there is no freedom during the period of detention, the subject of the control should not be restricted by the freedom, sympathetic to his suffering, so take the way of detaining you one day to deduct the control for two days to balance; the object of detention itself loses freedom, and the early detention and the later detention are no different from the criminal's right to freedom, so it is very fair to stay one day at a time)
(4) Enforcement of criminal detention
Paragraph 1 of article 43 of the Criminal Code stipulates that criminals sentenced to short-term detention shall be enforced by the public security organs nearby. (Specifically, county-level public security organs are the enforcement organs for criminal detention.) Nearby enforcement means that criminals sentenced to short-term detention by public security organs by the people's courts shall be executed in the nearest detention center and assigned to custody in charge to prevent "cross-infection"; article 43, paragraph 2, of the Criminal Code stipulates that during the enforcement period, criminals sentenced to short-term detention may go home for one day to two days a month; those who participate in labor may be paid remuneration as appropriate. If you are far away from home, you can accumulate the use of vacation.
"Remuneration according to discretion" means that neither remuneration nor equal remuneration for equal work is paid, but is appropriate remuneration based on the offender's performance in participating in productive labor, the level of skill and the income from production.
Recall: Detention is a short-term free sentence, a mild type, between control and fixed-term imprisonment. The time limit is 1-6 months (the punishment for several crimes can be up to 1 year), and where the people's court sentences to criminal detention, the county-level public security organ shall carry out the criminal detention, and the nearest person in charge shall be detained to the nearest detention center for compulsory labor reform. Labor can be paid a certain amount.
3. Fixed-term imprisonment
It refers to the penal method of depriving the offender of his or her personal freedom for a certain period of time and compulsorily carrying out labor reform. Features are
(1) Wide range of applications
Fixed-term imprisonment is a sentence of liberty for life, the range of punishment varies greatly, and it is the most widely used method of punishment in China, from lesser crimes to more serious crimes, which can be given more appropriate punishment by fixed-term imprisonment. The sub-provisions of China's Criminal Law stipulate fixed-term imprisonment for all provisions that stipulate statutory penalties.
(2) Depriving convicts of their liberty
This is a fundamental feature of fixed-term imprisonment. Convicts of fixed-term imprisonment are detained in prisons, juvenile correctional facilities, detention centers, and so forth.
(3) Have a certain period of time
According to articles 45, 50 and 69 of the Penal Code, the term of fixed-term imprisonment is between 6 months and 15 years. The death penalty is suspended to 25 years' imprisonment. When several crimes are punished together, the maximum fixed-term imprisonment is less than 35 years, and the maximum period of imprisonment exceeds 35 years, and the maximum period of imprisonment exceeds 35 years;
Due to the large range of sentences for fixed-term imprisonment, the criminal law sub-provisions further provide for fixed-term imprisonment. Specifically, there are 15 cases:
1 year or less, 2 years or less, 3 years or less, 5 years or less;
1 to 7 years or less;
2 years to 5 years or less; 2 years to 7 years or less;
3 to 7 years or less; 3 to 10 years or less;
5 to 10 years or less;
7 to 10 years or less;
More than 5 years,
More than 7 years,
More than 10 years,
15 years.
(4) Carrying out labor reform. Article 46 of the Criminal Code stipulates that those sentenced to fixed-term imprisonment shall participate in labor and undergo labor reform if they are sentenced to fixed-term imprisonment. Here labour is compulsory and all but those who are incapacitated must participate in labour. In this sense, the fixed-term imprisonment in China's criminal law is different from the imprisonment sentence in Western countries that simply deprives the offender of his personal freedom.
To recall: the fixed-term imprisonment is a term of liberty, with a large range of at least 6 months and a maximum of 25 years. (Among them, 6 months of fixed-term imprisonment is a statutory sentence of "less than 1 year", and 25 years is a period of suspension of death.) Where the sum total of several crimes is less than 35 years, the maximum shall not exceed 20 years, and the maximum period of 35 years shall not exceed 25 years. As long as there is the ability to work during the period of serving a sentence, all are subject to compulsory labor reform. The places of service are prisons, juvenile detention centers, and detention centers. There is no mention of how long it will take to go home, probably during the prison sentence.
4. Life imprisonment
Life imprisonment is a penal method of depriving the offender of his life's freedom and implementing compulsory labor reform.
It is the most severe type of liberty sentence, which is only applicable to serious crimes and is second only to the death penalty in severity. The provisions of China's criminal law on life imprisonment generally come in three forms:
(1) The sentence of life imprisonment, fixed-term imprisonment and other penalties shall be established in a single article, of which life imprisonment shall be the maximum statutory sentence. (Sometimes the degree of a person's crime should be measured from the highest sentence, and the highest punishment only plays a measuring role, not stipulating that the maximum punishment must be used, of course, the maximum punishment may be applied in the case of really bad consideration)
(2) The life imprisonment and the death penalty are stipulated in a single article as optional punishments.
(3) The death penalty shall be regarded as the maximum punishment, and life imprisonment shall be stipulated in the same article as fixed-term imprisonment of more than 10 years, and shall be used as an optional punishment for sentencing.
(Judges measure according to law, limited discretionary right to measure)
It should be pointed out that although life imprisonment is a life sentence deprivation of liberty from the legal provisions and theory, because the law also provides for a system of commutation, parole, pardon, pardon, etc., in fact, the offenders sentenced to life imprisonment often rarely serve life sentences.
Criminals sentenced to life imprisonment who are sentenced to prison or other places of execution shall participate in labor and receive education and rehabilitation if they are able to work.
Life imprisonment cannot be used in isolation, and criminals sentenced to life imprisonment shall be deprived of their political rights for life.
5. Death penalty
The death penalty, also known as the life penalty, is a method of punishment that deprives criminals of their lives. Depriving a criminal of his or her physical possession rather than depriving him of his or her liberty is the most severe method of punishment, also known as capital punishment.
China has always adopted a policy of killing less and killing with caution. There are strictly restrictive regulations. For example, article 48 stipulates that the death penalty applies only to criminals whose crimes are extremely serious.
"Applies only" embodies the spirit of the restriction of the death penalty. "Extremely serious crime" means that the crime is particularly harmful to the interests of the state and the people, the circumstances are particularly heinous, and the perpetrator has a very serious personal danger.
Article 49, paragraph 1, of the Penal Code provides that the death penalty shall not be applied to persons who were under 18 years of age at the time of the commission of the offence and to women who were pregnant at the time of trial. (If the offender was under the age of 18 at the time of the crime, a woman who was pregnant at the time of trial and pre-custody shall not be sentenced to death, nor shall her death be suspended.) Even if a miscarriage is committed in custody, the death penalty is not punishable. In addition, the death penalty is not imposed on an elderly person over the age of 75 at the time of the act, except for the dismemberment of the killing or the brutal torture until death)
(1) Provides for strict procedures for approving the death penalty
The death penalty shall be submitted to the Supreme People's Court for approval, except where it is decided by the Supreme People's Court in accordance with law. Where enforcement is suspended, the High People's Court may make a judgment or approve it. (Where enforcement is carried out immediately, the Supreme People's Court approves it; where enforcement is suspended, the Supreme People's Court approves it)
In a first-instance case in which the Intermediate People's Court has sentenced the death penalty, and the defendant does not appeal, the High Court shall review it and report it to the Supreme People's Court for approval;
In a first-instance case in which the High Court sentences the death penalty, and the defendant does not appeal, it shall be reported to the Supreme People's Court for approval.
Where the death penalty is suspended, it may be approved by the Higher People's Court.
Where the death penalty is applied in violation of the above-mentioned legal procedures, the death penalty must be applied illegally. In addition to the procedures of the first and second instance trials, the procedure for approving the death penalty is a special supervision procedure for the death penalty, which is conducive to ensuring the quality of death sentences and limits the number of applications of the death penalty.
(2) Establish a suspension of execution of the death penalty
Article 48 of the Penal Code stipulates that for criminals who should be sentenced to death, if it is not necessary to carry out immediate execution, the death penalty may be imposed and the execution suspended for two years. (Yes "may" not "must")
Paragraph 1 of article 50 of the Criminal Code stipulates that if the death penalty is suspended for execution, if there is no intentional crime committed during the period of suspension of execution of the death penalty, the sentence shall be commuted to life imprisonment after the expiration of the two-year period; if there is indeed a major meritorious performance, after the expiration of the two-year period, it shall be reduced to twenty-five years' imprisonment. If the intentional crime is verified, the death penalty shall be executed with the approval of the Supreme People's Court. This is the system of suspension of execution of the death penalty in China's criminal law.
For offenders who should be sentenced to death, there is a glimmer of life in the link of whether or not to impose the death penalty. According to the above provisions, the application of the death penalty for a suspended period of execution must meet two conditions: one is that "the crime should be executed", that is, the crime is particularly serious;
"Not required immediate enforcement" means: (1) where the criminal law is not expressly provided for, and according to judicial practice, it usually refers to voluntary surrender, meritorious service, or other statutory mitigating circumstances after the commission of the crime; (2) the crime is not the most serious in the joint crime; (3) the defendant's anger at the crime or other circumstances that indicate ease of reform because of the fault of the victim; (4) there are pitying circumstances; and (5) there are other circumstances where there should be room for manoeuvre.
(Death reprieve, that is, people still have to save, you can use the death reprieve system to put the criminals in front of you into prison and make a decision according to the situation of labor reform, because the death reprieve has an investigation period, Ha)
Since suspended death is not an independent punishment, but only a method of execution, there will be different outcomes for suspended execution. (1) Where there is no intentional crime committed within two years, the death penalty is changed to indefinite at the end of the two-year period; (2) where there is a major meritorious performance within two years, the expiration of the two-year period is changed to a period of 25 years; (3) where there is an intentional crime within two years, the Supreme People's Court approves the execution of the death penalty without waiting for the expiration of the two-year assessment period.
Paragraph 2 of article 50 of the Criminal Code stipulates that the people's court may at the same time decide to restrict the commutation of sentence to repeat offenders sentenced to suspended death sentences and criminals sentenced to death for intentional homicide, rape, robbery, kidnapping, arson, explosion, release of dangerous substances or organized violent sexual crimes, on the basis of the circumstances of the crime. (The clause restricting the sentence, whether to sentence or not, is to be decided by the people's court considering).
Where the suspension of execution is reduced to life imprisonment, it shall not be less than 25 years; if the suspension of execution is reduced to fixed-term imprisonment, it shall not be less than 20 years (probably not higher than 25 years, because the maximum period of time is 25 years). This is the minimum sentence actually enforced, and the actual execution of the sentence is allowed to be determined within the scope of the law in accordance with the circumstances in which he or she receives education and rehabilitation.
So now we know that in addition to the death penalty for immediate execution or the execution of the death penalty for crimes committed during the suspension of death, in other cases, there are also 20 years of imprisonment (major meritorious performance), and those who can bounce around for more than 20 years to 25 years are already extremely happy.
Attached: Addendum
Additional penalties are mainly asset and qualification penalties. Can be applied stand-alone or additionally.
In the case of additional use, two or more additional penalties may be applied at the same time; including fines, deprivation of political rights, confiscation of property, and expulsion.
1. Fines
Fines are a method of punishment in which a people's court sentences a criminal to pay a certain amount to the state. It is strictly different from administrative fines, compensation for losses and other penalties. (We'll have to understand the specific differences.) I think that "compensating for losses" is indeed not a punishment, and doesn't administrative fines have a punitive nature? What is the difference between it and a fine? ）
The applicable objects of fines are: the crime of undermining the socialist market order, the crime of infringing on property, the crime of obstructing the order of social management, and the crime of embezzlement and bribery. The applicable object of application is special, the applicable object of compensation for losses is generally the party at fault of the civil tort, and the applicable object of the administrative fine must be the party at fault for the administrative violation. Well, it's a different thing.
There are four ways to stipulate the penalty of fines in the sub-provisions of the Criminal Law: (1) that is, a crime in the criminal law is composed of a fine and other sentences, and the judge should choose one of them, but cannot apply it at the same time. ;(2) The single-subject fine system refers to the statutory punishment for a crime or a specific circumstance of a crime, and the criminal law only provides for a fine, but does not provide for other types of punishment. (3) The combined fine system, that is, the statutory punishment for a certain crime is composed of a juxtaposition of the fine penalty with other penalties, and the judge can apply them together, and the merger section also has a "system of fines for the merger of the fines" and "the system of fines for the merger of the fines", which literally means that the fines must be combined, and on the basis of other statutory penalties, the fines must be attached. (4) It is a compound fine system, that is, a system in which a single section, a combined section, and a selection of fines in statutory sentences coexist, and the judge finally decides how to apply it.
According to Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Property Punishment of November 15, 2000, fines may be imposed in accordance with law: (1) occasional or first-time offenders; (2) voluntary surrender or meritorious performance; (3) under the age of 18 at the time of the crime; (4) preparation, suspension or attempt at the time of the crime; (5) coercion to participate in the crime; (6) full return of stolen goods and show remorse; (7) other circumstances in which a fine may be imposed in accordance with law.
In addition, juvenile crimes in which the statutory penalty provides for the "concurrent punishment" of confiscation of property or fines shall be punished concurrently. Property penalties are generally not imposed for crimes that provide for the "concurrent" confiscation of property or fines.
Article 52 of the Penal Code stipulates that the amount of the fine shall be determined on the basis of the circumstances of the crime. (This is the competence of the judge)
The criminal law sub-provisions divide the amount of fines into three situations: (1) there is no limit, the judge's discretion; (2) the ordinary fine system, also known as the limit fine system, the law stipulates the corresponding fine limit, the judge has the discretion within the range; (3) the multiple ratio fine system, based on the illegal gains or the amount involved in the crime, imposed a certain multiple or proportion to determine the amount of fines.
Article 53 of the Penal Code stipulates that fines are to be enforced in five ways: (1) a lump sum. The amount of the penalty imposed shall be paid in one lump sum within a specified period of time; (3) Compulsory payment, after the expiration of the prescribed time limit, if the offender fails to pay or does not pay in full, the people's court will compel him to pay; (4) recovery at any time. Where a criminal who is unable to pay the fine in full, the people's court shall, at any time, discover that he has enforceable property, pursue it at any time; (5) Reduce or waive the payment, and if the offender has real difficulties in paying the fee due to an irresistible disaster, the amount of payment may be reduced or waived as appropriate.
2. Deprivation of political rights
According to articles 56 and 57 of the Penal Code, deprivation of political rights is generally attached to the following three categories of offenders:
(1) Criminals endangering national security; all must be added.
(2) Criminals who seriously disrupt social order. According to the comprehensive consideration of the circumstances of the crime, the dangerous situation, etc., it may or may not be attached. Criminals who seriously disrupt social order refer to intentional homicide, rape, arson, explosion, release of dangerous substances, robbery, etc.
(3) Criminals sentenced to death or life imprisonment shall be deprived of their political rights for life.
Except where the Criminal Law provides that political rights "shall be" deprived, no additional deprivation of political rights is imposed on minors. (That is, for minors, those who encounter "should" deprivation shall be deprived in accordance with law, and those without the word "shall" shall not be deprived.) Even if it "should be deprived", it should be given a light sentence in accordance with the law. This juvenile means that the juvenile is a juvenile at the time of the criminal act, as long as the juvenile at the time of the criminal act, even if he has reached an adult at the time of trial, it shall be from these Provisions)
There are also crimes of deprivation of political rights that are independently applied, based on the clear provisions of the criminal law, mainly involving crimes of endangering national security, infringing on citizens' personal rights and democratic rights, obstructing the order of social management, and endangering the interests of national defense. Deprived of political rights refers to the following rights:
(1) The right to vote and to be elected;
(2) the right to freedom of speech, the press, assembly, association, procession and demonstration;
(3) the right to hold office in a state organ;
(4) The right to hold leading positions in State-owned companies, enterprises, public institutions and people's organizations.
Period of denial of political rights:
(1) Death penalty and life imprisonment, with additional deprivation of political rights for life;
(2) Where death is suspended to fixed-term imprisonment, or indefinitely reduced to fixed-term imprisonment, the period of deprivation of political rights is 3 to 10 years;
(3) Where deprivation of political rights or sentence of deprivation of political rights is independently applied or sentenced to fixed-term imprisonment with the addition of deprivation of political rights, the period shall be between 1 and 5 years;
(4) Where control is imposed with additional deprivation of political rights, the period of such period shall be equal to that of the period of control and shall be enforced at the same time.
The commencement and execution of sentences for deprivation of political rights:
(1) Where it is applied independently, it shall be calculated from the date of judgment;
(2) Where control is attached and attached, it shall be calculated at the same time as the period of control;
(3) Where the period of detention, indefinite period, suspended death, or indefinite period of imprisonment is reduced to a period of time, and the deprivation of political rights is attached, the sentence for deprivation of political rights shall be calculated from the date of completion of the sentence of imprisonment or criminal detention, or from the date of parole, and the deprivation of political rights shall also take effect during the period of execution of the main sentence.
(4) Judgment of indefinite death sentence, deprivation of political rights for life, the execution of additional sentences starting from the date of execution of the main sentence.
3. Confiscation of property
Confiscation of property is the compulsory nationalization of part or all of the property acquired by criminals without compensation.
Applies only to those offences for which confiscation of property is expressly provided for in sub-articles of the Penal Code. Where all property is confiscated, the necessary living expenses shall be retained for the individual criminal and his dependent family; the property owned or due to the family of the criminal shall not be confiscated. (Shall not be confiscated: (1) the part of the property whose ownership clearly belongs to the criminal's family, (2) the daily necessities purchased by the criminal's family with the income from their own labor, and (3) the part of the property that should be owned by the family in the common life of the family)
4. Deportation
It is a special additional penalty applicable to the crime of foreigners. Can be applied stand-alone or additionally. Expulsion may be attached, not should. Where all aliens who commit crimes are not all expelled, the people's courts shall, on the basis of the specific circumstances of the case, take into account the relations between our country and the country to which it belongs, as well as the situation of the international struggle, and so on, and make comprehensive consideration.
Non-criminal treatment methods
That is, the use of punishment methods other than criminal punishment for criminals mainly includes two categories:
1. Compensation for criminal damages
Concept: In the case of the victim's economic loss, the criminal who is punished by the penalty is sentenced to give the victim a certain amount of economic compensation. Criminal damages are criminal attached civil compulsory sanctions and shall be applied through criminal attached civil procedures. (Speaking of this, I think of administrative litigation also has incidental civil damages, in fact, it is to optimize the cost of litigation, reduce the waste of administrative resources, and solve the problems that must be solved by civil litigation, after all, in this incident, the crime has criminal liability to provoke a large body, and civil compensation is only one of the processes)
(2) Applicable conditions:
(1) The victim has suffered actual economic loss, the actual loss of such economic loss.
(2) The victim's economic loss is caused by the defendant's criminal act, that is, there is a causal link between the victim's economic loss and the defendant's criminal act.
(3) The applicable object must be a criminal who has been sentenced to criminal punishment in accordance with law.
(3) The conditions for the priority performance of criminal damages
The offender is required to first perform civil compensation liability, and after the sentence has been sentenced to full compensation for the economic losses of the victim, he shall pay a fine with his remaining property, or as the object of enforcement of the confiscated property.
II. Admonition Order to Show Remorse, Apologize, Compensate for Losses, and Be Given Administrative Punishment or Administrative Punishment by the Competent Department (Article 37 of the Criminal Code)
Applicable objects: Where the circumstances of the crime are minor and there is no need to impose a criminal punishment, criminal punishment may be waived, but may be subject to admonition, ordered to show remorse, make a formal apology, compensate for losses, or be given an administrative punishment or administrative punishment by the competent department according to the different circumstances of the case.
(1) Admonition: The people's court criticizes or condemns the criminal in court and is responsible for correcting it.
(2) Order to show remorse: The people's court orders the criminal to guarantee repentance in writing. Equivalent to writing a written review.
(3) Order an apology: The people's court orders the criminal to admit the mistake to the victim and express an apology.
(4) Order compensation for losses: The people's court orders the criminal to give the victim certain economic compensation based on the economic losses caused by the criminal to the victim.
(5) Administrative punishment by the competent department: The people's court recommends that the competent department impose administrative punishment on the criminal, such as fines, administrative detention, etc.;
(6) Administrative sanctions by the competent departments: The people's courts recommend that the competent departments impose administrative sanctions on criminals, such as demerits, expulsions, etc.
The application of the non-penal treatment provided for in article 37 of the above-mentioned Penal Code requires three conditions:
(1) The perpetrator must constitute a crime;
(2) The offender is exempted from criminal punishment;
(3) According to the circumstances of the case, appropriate treatment is required, and not all criminals whose crimes are minor and exempt from criminal punishment should be subject to non-penal treatment.
root
