The difference between serving a sentence in a detention center and serving a sentence in prison

The main differences between detention centers and prisons are as follows: 1. The detainees are different. 2. The competent department is different. 3, mainly for the different tasks and responsibilities. A detention center is a place where people are temporarily detained under the management of the Public Security Bureau, or where people sentenced to fixed-term imprisonment of less than one year stay. The prison is managed by the Judicial Bureau and is the place where prisoners serve their sentences after being sentenced. For most people who have never been in contact with prison guards or prisons in their lives, it is often seen on TV or other media that so-and-so suspects or annoying people are being held in detention centers or prisons. Have you ever thought about the difference between detention center and prison? The following is the relevant content I have compiled.

First, the difference between a detention center and a prison

A detention center is an organ that detains criminal suspects who have been arrested and detained according to law.

if the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before being handed over for execution, the detention center will execute it on his behalf. The task of the detention center is to arm and guard the detained criminal suspects in accordance with national laws to ensure safety; Educating criminal suspects; Manage the life hygiene of criminal suspects; Ensure the smooth progress of investigation, prosecution and trial. Prison is the penalty execution organ of the state. According to the provisions of the Criminal Law and the Criminal Procedure Law, criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall execute their sentences in prison. Prisons implement the principle of combining punishment with reform and combining education with labor to transform criminals into law-abiding citizens.

Second, function

1. The punishment function of a prison refers to the sum total of psychological pain effects caused by the state putting the criminal's body and mind under the condition of punishment and restricting his spiritual and material life.

2. The reform function of prison refers to the sum of educational effects of changing criminals' criminal concepts and cultivating them to abide by the law according to the purpose of punishment.

3. The defense function of the prison refers to the sum of the effects of preventing criminals from committing crimes again by executing the penalty, and at the same time, warning, deterring and educating other people who may commit crimes in society so as not to embark on the road of crime.

4. Special prevention means that by executing the penalty, the prison isolates the criminals from the society and loses the conditions for committing crimes again, thus depriving the criminals of their personal freedom and preventing them from committing crimes again while serving their sentences. 5. General prevention means that the prison punishes criminals to deter those who have not committed crimes and prevent them from committing crimes.

Third, the rights of the suspect

The criminal suspect who enters the detention center is being examined, and it is absolutely forbidden to contact anyone outside, but he has the right to meet a lawyer. Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation.

the investigation organ shall notify the detention center of the above situation in advance. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.

Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.

if a defense lawyer holds a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid to ask for a meeting with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.

in criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.

When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.

the provisions in paragraphs 1, 3 and 4 are applicable to the meetings and correspondence between defense lawyers and criminal suspects and defendants living under surveillance.

So the main difference between detention center and prison lies in the different nature of prisoners. Most of the detainees in detention centers are criminal suspects who have not been charged, while some prisoners who have been convicted and sentenced to fixed-term imprisonment can only be released after serving their sentences. In addition, we can also see the prison functions of the detention centers listed above and the rights of criminal suspects. Prisons are stricter than detention centers.