1. Controlled objects. According to the provisions of the Criminal Law on the regulation of punishment, the scope of control of punishment is relatively wide. In addition to the criminals who have less serious crimes that endanger national security, they can also be applied to other criminals who do not have serious crimes. As long as it is regulated in the statutory punishment of the criminal law provisions, the people s court may, according to the nature and circumstances of the case, believe that the crime is not enough to imprisonment or that it is not appropriate to be detained, but it needs to restrict its freedom..
2. Duration of control. According to Articles 38 and 69 of the Criminal Law, the period of control is three months or more and two years or less. The maximum penalty for multiple crimes is three years.
3. The executive organ of control is the public security organ. Article 38 of the Criminal Law stipulates that criminal elements sentenced to control shall be executed by the public security organs; Article 40 of the Criminal Law stipulates that the criminal elements sentenced to control shall , upon expiration of the period of control, the executive organ shall announce the dissolution to the person and the unit where he or she resides control.
4. Implementation method. The control of punishment does not deprive criminals of personal freedom, but only limits certain personal freedoms of criminals. Criminals must abide by the provisions of Article 39 of the Criminal Law: (1) comply with laws and administrative regulations, and obey supervision; (2) without the approval of the executing agency, Must not exercise the right to freedom of speech, publication, assembly, association, procession, and demonstration; (3) report their activities in accordance with the provisions of the executive agency; (4) comply with the rules of the executive agency regarding visitors; (5) leave the residence City, county or relocation should be reported to the executive authorities for approval. However, the criminal law does not provide for disciplinary measures that violate the above-mentioned provisions that should be observed during implementation, which affects the implementation effect of the control to some extent.
Control is a method of punishment judged by the people s court that criminals are not detained, their freedom is restricted for a certain period of time, and they are placed under the control and supervision of public security organs. Criminals sentenced to control still stay in the original work unit or place of residence to work or work, and should be paid equal work for equal work. The main features of regulation are:
1. Control applies to criminals who have less serious crimes and may not be detained. According to the specific circumstances of the case, the people s court believes that the crime is not enough to impose a sentence of deprivation of liberty, such as fixed -term imprisonment and detention. However, it is necessary to restrict the personal freedom of the criminals. If a certain punishment is given, punishment may be imposed.
2. Criminals sentenced to control will not be detained, they will not be deprived of their personal freedom, they will only be restricted to a certain degree of freedom. Criminals sentenced to control can either leave their families or leave their work posts or work units . Apart from having to abide by the special provisions of certain laws, they can still act freely.
3. Although the criminal who is sentenced to control has certain personal freedom, his labor production, work, and other activities are subject to the control of public security organs and social supervision.
4. Control must be sentenced by the people s court according to law and enforced by public security organs. No other organ, unit, group, or individual has the right to determine or enforce control over others. Illegal control of others is a crime .
The control of not detaining criminals is a manifestation of the humanity and flexibility of China s laws. Although they are both crimes, they are light and heavy, and their penalties are of course different. It is difficult for ordinary people to understand the specific manifestations of all criminal laws. So there is only the post of lawyer.