According to the provisions of criminal law, detention and control belong to the main sentence rather than additional punishment, and the differences between control and detention include different application objects, different scopes of application, and different execution methods.
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.
1. Detention is generally only applicable to relatively minor crimes. The highest applicable rate is the crime of malfeasance, followed by the crime of obstructing social management order, and so on. Criminal law subsections have the most serious crimes, such as crimes against national security and crimes against public security. Detention can also be applied, but the proportion is the lowest.
2. Detention is mostly applicable to crimes with little social harm. Except that there is no stipulation that detention can be applied to detention in the criminal law sub-clauses, most delinquency crimes can be applied to detention, accounting for about 95% of all negligence crimes. Among the crimes of the same type, detention can also be applied to some crimes with less social harm.
3. In the Chinese Criminal Law, most of the provisions setting up detention punishment stipulate that detention is the minimum legal punishment. In such a provision, detention can be applied to crimes where the crime is light and does not require a sentence of imprisonment, or can be applied to crimes which should be sentenced to short-term imprisonment but with lighter sentences. In addition, there are provisions in the Criminal Law Regulations that control penalties, most of which provide for detention. In such a provision, detention is somewhere between control and imprisonment. Therefore, in addition to the above two uses of detention, detention can also be applied to crimes that should be sentenced to control, but have a heavy plot. In addition, in crimes with short-term imprisonment as the minimum legal penalty, detention can also be imposed if the specific crime has mitigated circumstances.
1. The crime is light in nature and less harmful. 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.
2, less personal danger. 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.
Criminals sentenced to detention shall be executed by the nearest public security organ. Criminals sentenced to detention enjoy two treatments during execution: visiting relatives; participating in labor, can be paid at their discretion. The Criminal Law Amendment (8) stipulates: Sentencing control can be based on the crime situation, and at the same time prohibit criminals from engaging in specific activities, entering specific areas and places, and contacting specific people during the execution period. Violations of the prohibition order stipulated in the second paragraph shall be punished by public security organs in accordance with the Policy of Public Security Administration of the People s Republic of China .
For Criminals sentenced to control, when the control period expires, the executive organ shall announce the deregulation to the person and the unit or the people in the place of residence, and issue a notice of cancellation to the person. In the event of additional deprivation of political rights, it shall also announce the restoration of political rights.