According to the relevant laws and regulations of our country, if a person is sentenced to fixed-term imprisonment of less than three years and the sentence is executed for more than three months, he should be transferred to prison to serve his sentence; If the sentence is less than three months, it shall be executed by the detention center.
Criminal Procedure Law of the People's Republic of China
Article 264 If a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other executing organs.
Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.
Juvenile delinquents should be punished in juvenile reformatory.
The executing organ shall take the prisoner into custody in time and notify the prisoner's family.
A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued a release certificate by the executing organ after the expiration of his execution.
How to reduce the sentence of fixed-term imprisonment
The term of fixed-term imprisonment shall be counted from the date of judgment. If a person is detained before execution, one day of detention may be reduced to one day of imprisonment.
1. If a prisoner with life imprisonment does repent or perform meritorious service during the execution, his sentence may be reduced after serving two years. In order to reduce the sentence of a life-imprisonment criminal, it is in line with the commutation of a suspended death sentence and a long-term imprisonment criminal, and if there is repentance or meritorious service, it can generally be reduced to a fixed-term imprisonment of not less than 18 years but not more than 20 years; Those who do show repentance and meritorious service can be reduced to fixed-term imprisonment of not less than 13 years but not more than 18 years.
2. If a life-imprisonment criminal commits a crime again during the execution period and is sentenced to fixed-term imprisonment or less, the sentence will generally not be reduced within two years from the date when the new crime judgment is determined; If the new crime is sentenced to life imprisonment, the starting time of commutation shall be appropriately extended.
3. According to the criminal law, the actual sentence executed by a life imprisonment criminal shall not be less than ten years, counting from the date when the life imprisonment judgment is determined.
4, sentenced to a suspended execution of the death penalty, during the suspended execution of the death penalty, if there is no intentional crime, and significant meritorious service, after the expiration of two years, reduced to 25 years in prison. Sentences commuted with a suspension of execution of death penalty shall be counted from the date when the suspension of execution of death penalty expires.
The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws and regulations of our country, those sentenced to fixed-term imprisonment of not more than three years, those executed for more than three months, will be transferred to prison to serve their sentences. If the sentence is less than three months, it shall be executed by the detention center. If you need legal help, welcome to Walmart. Get legal advice.
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Cite the law
[1] Article 264 of the Criminal Procedure Law of People's Republic of China (PRC)
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