The maximum sentence in criminal law is 25 years. According to the law, the term of fixed-term imprisonment is generally six months to fifteen years. However, if a party determines that a person has committed several crimes before, the maximum period of public surveillance and criminal detention shall not exceed three years, if the cumulative term of fixed-term imprisonment is less than 35 years, it shall not exceed 20 years, and if the cumulative term of fixed-term imprisonment exceeds 35 years, it shall not exceed 25 years.
What is the difference between fixed-term imprisonment and criminal detention?
1, applicable to different objects. Fixed-term imprisonment is mainly applicable to criminals with serious crimes, and criminal detention can only be applied to criminals with minor crimes;
2. The terminology is different. The term of fixed-term imprisonment is long, the starting point is high, the range is large, the term of criminal detention is short, the starting point is low and the range is small;
3. The execution place is different. Fixed-term imprisonment shall be executed in prisons or other places, and criminal detention shall be executed by public security organs nearby;
4. Different treatment during the implementation period. Labor during fixed-term imprisonment is unpaid; Those who participate in labor during criminal detention can be paid appropriately;
5. The legal consequences are different. If a criminal sentenced to fixed-term imprisonment commits a new crime within five years after the execution is completed, it can constitute a recidivist; However, criminals in criminal detention generally do not constitute recidivists after the execution of the penalty. Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:
1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is not less than 1 month, and the longest term is not more than 6 months (half a year). Therefore, criminal detention is the lightest of the three kinds of freedom punishment in China, and criminals are detained and forced to reform through labor.
2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.
3. Criminal detention is the penalty method of deprivation of liberty. Because criminal detention deprives criminals of their freedom, it is obviously different from public surveillance. As criminal detention is a penalty method, it is obviously different from administrative detention, criminal detention and judicial custody in terms of legal attribute, applicable object, applicable organ, applicable basis, applicable procedure and applicable period.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 69 of the Criminal Law stipulates that, in addition to the death penalty and life imprisonment, the execution period shall be decided as appropriate, but the maximum period of public surveillance shall not exceed three years, criminal detention shall not exceed one year, if less than 35 years, the maximum period of fixed-term imprisonment shall not exceed 20 years, and if more than 35 years, the maximum period of fixed-term imprisonment shall not exceed 25 years.