The criminal law regulations in our country stipulate that the applicable crimes are mainly concentrated in crimes against social management order and crimes against marriage and family. The common characteristics of these crimes are that the nature of the crime is not very serious and the harm to society is small.
Control does not deprive criminals of their personal freedom, but only limits their personal freedom to a certain extent. Therefore, criminals who apply the control penalty must be those with less personal danger. If the personal danger of the crime is very large, the control will be difficult to achieve. The purpose of crime prevention.
The Criminal Law of the People s Republic of China stipulates that regulation is a type of main penalty, which is decided by the people s court and implemented by community corrections organizations. The period of control is more than 3 months and less than 2 years, but it can be extended to 3 years if there are multiple penalties.
Although the upper limit of the sentence of control is longer than that of detention, because control only limits personal freedom, detention deprives personal freedom. By their nature, regulation is still lighter than detention.
The controlled sentence shall be calculated from the date of execution of the judgment; if the sentence is detained before execution, the detention shall be reduced to 1 day for 2 days. The reason why the 1 day detention is set for 2 days is due to deprivation. Liberty, and regulation just limits freedom.
In addition, for offenders who have been approved to leave the city or county where they live, the period during which they are allowed to go out shall be included in the execution period, but the time exceeding the permission shall not be included in the execution period., Its outing period shall not be included in the execution period.
(2) The execution period of the deduction shall be indicated by the county-level public security organ in its legal document, and the official seal shall be affixed to it, and the people s procuratorate at the same level and the original trial or approval organ shall be notified in writing.
The period of control is more than 3 months and less than 2 years, but it can be extended to 3 years when several crimes are combined and punished. The controlled sentence shall be calculated from the date of execution of the judgment. If the sentence is detained before execution, the detention shall be reduced to 1 day for 2 days.