Control is a method of punishment that does not detain criminals, but restricts their freedom, and is implemented by public security organs and reformed by the masses. 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 period of control is more than 3 months and less than 2 years. The penalty for multiple crimes cannot exceed 3 years.
1. Criminals shall not be detained or deprived of their personal freedom. Criminals sentenced to control shall not be detained in prisons, detention centers and other execution places while serving their sentences. They shall remain in the original work place or place of residence, do not leave their families, and shall not interrupt their normal communication with society. The non-detention of criminals is an important difference between the control of punishment and other methods of punishment.
2. Criminals sentenced to control penalties must undergo labor reform under the control of public security organs and public supervision, and their freedom is restricted to a certain extent. Limiting the freedom of criminals is mainly manifested in the freedom of limiting criminals political freedom, holding leadership positions, going out to do business, and moving.
According to Article 2 of the Criminal Law Amendment (8), a new paragraph was added to Article 38 of the Criminal Law as the second paragraph: Sentence control can be based on the circumstances of the crime and at the same time prohibit criminals from engaging in specific activities during the execution period. Enter specific areas, places, and reach specific people.
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; for criminals who leave the area without permission,, Its outing period shall not be included in the execution period. The execution period of the deduction shall be indicated by the county-level public security organ on 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.
Control is a method of punishment that does not imprison criminals but restricts certain personal freedoms. Public security organs rely on the masses to supervise the execution. For criminals sentenced to control, the people s court shall send the judgment and notice of enforcement to the public security organs where the criminals have their hukou or permanent residence, and the public security organs shall execute them. The public security organ may also entrust the grass-roots organization of the place where the criminal s residence is registered or the place of permanent residence or the security department of his unit to assist in the execution. When implementing the control, the executive organ shall announce the criminal faction, the length of the control period, and the requirements for the criminal to the relevant unit where the criminal is located or the relevant people in the place.
In the process of implementation, controlled criminals must abide by laws and regulations, obey the supervision of the masses, and actively participate in collective labor and production; report their activities to the enforcement agency; and must report and obtain approval from the enforcement agency when moving or going out. If the execution time expires, the enforcement agency shall notify me and announce the deregulation to the relevant units and the masses.