Article 1 of the Criminal Law of People's Republic of China (PRC) and Article 6 1 of the Criminal Law of People's Republic of China (PRC) stipulate that when deciding the punishment for criminals, they should be sentenced according to the facts, nature and circumstances of the crime and the degree of harm to society, in accordance with the relevant provisions of this law.
2, criminal detention is generally not more than 37 days.
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What is the amendment of Article 8 1 of the Criminal Law of People's Republic of China (PRC) with reference to the Eighth Amendment of the Criminal Law?
Article 81 If a prisoner sentenced to fixed-term imprisonment has served more than half of the original sentence, and a prisoner sentenced to life imprisonment has actually served for more than 13 years, has earnestly observed prison regulations, received education and reform, and has truly shown repentance, and is not in danger of recidivism, he may be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived.
Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole.
When deciding to release a criminal on parole, we should consider the impact on the community where he lives after parole.
Articles 6 1 to 7 1 of the Criminal Code of People's Republic of China (PRC) and articles 6 1 to 7 1 of the Criminal Code of People's Republic of China (PRC).
Article 61 A criminal sentenced to fixed-term imprisonment or more who commits a crime that should be sentenced to fixed-term imprisonment or more within three years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment. Except for negligent crimes.
The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.
Article 62 If a counter-revolutionary commits a counter-revolutionary crime at any time after the punishment has been executed or pardoned, he shall be punished as a recidivist.
Article 63 Whoever surrenders himself after committing a crime may be given a lighter punishment. Among them, if the circumstances of the crime are minor, the punishment may be mitigated or exempted; If the circumstances of the crime are serious and meritorious service has been rendered, the punishment may also be mitigated or exempted.
Section 4 Combined Punishment for Several Crimes
Article 64 If a person commits several crimes before the judgment is pronounced, except for those sentenced to death or life imprisonment, the execution term shall be decided as appropriate, but it shall not exceed the total term or the maximum term of several sentences; However, public surveillance cannot exceed three years, criminal detention cannot exceed one year, and fixed-term imprisonment cannot exceed 20 years.
If several crimes are combined, the additional punishment must still be executed.
Article 65 If, after the judgment is pronounced, the punishment has not been completed, and it is found that the sentenced criminal has other crimes that were not sentenced before the judgment was pronounced, a judgment shall be made on the newly discovered crime, and the punishment to be executed shall be decided in accordance with the provisions of Article 64 of this Law. The executed sentence shall be included in the sentence of the new judgment.
Article 66 If a sentenced criminal commits another crime after the verdict is pronounced and before the punishment is completed, he shall make a judgment on the new crime and decide the punishment to be executed in accordance with the provisions of Article 64 of this Law.
Section 5 Probation
Article 67 For a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, if, according to the criminal's criminal circumstances and penitence, it is considered that the application of probation will not really harm society, probation may be declared.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Article 68 The probation period for suspended criminal detention shall be not less than one year but not less than one month.
The probation period of probation for fixed-term imprisonment is limited to not less than the original sentence but not more than five years, but not less than one year.
The probation period of probation shall be counted from the date when the judgment is determined.
Article 69 Counterrevolutionary criminals and recidivists shall not be subject to probation.
Article 70 A criminal who has been declared suspended shall be handed over by the public security organ to his unit or grass-roots organization for investigation within the probation period. If he has not committed a new crime, the original sentence will not be executed after the probation period expires. If a new crime is committed, the probation shall be revoked, and the punishment for the former crime and the latter crime shall be decided in accordance with the provisions of Article 64 of this Law.
What is the content of Article 99 of the Criminal Law of People's Republic of China (PRC)? I. Definitions of above, below and within Article 99 of the Criminal Law of People's Republic of China (PRC) The above, below and within mentioned in this Law includes this number.
The Criminal Law of People's Republic of China (PRC) uses penalty to fight against all counter-revolutionary and other criminal acts in order to defend the dictatorship of the proletariat, protect socialist property owned by the whole people and collectively owned by the working people, protect citizens' private legal property, protect citizens' personal rights, democratic rights and other rights, safeguard social order, production order, work order, teaching and scientific research order and people's living order, and ensure the smooth progress of socialist revolution and socialist construction.
The Criminal Law of People's Republic of China (PRC) was adopted by the Second Session of the Fifth National People's Congress on July 6, 2007, and was promulgated by Order No.5 of the Standing Committee of NPC, which came into force on July 6, 2007.
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Excuse me, article 6 1 of the criminal law of People's Republic of China (PRC) and People's Republic of China (PRC) can ask a lawyer to provide help to meet the detained criminal suspect!
What is the first item of Article 328 of the Criminal Law of People's Republic of China (PRC)? Article 328? Whoever excavates ancient cultural sites and ancient tombs with historical, artistic and scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
(1) Excavating ancient cultural sites and ancient tombs that have been designated as national key cultural relics protection units and provincial cultural relics protection units;
(two) the ringleaders of the theft and excavation of ancient cultural sites and ancient tombs;
(three) repeatedly excavating ancient cultural sites and ancient tombs;
(four) excavating ancient cultural sites and ancient tombs, stealing precious cultural relics or causing serious damage to precious cultural relics.
Whoever excavates ancient human fossils and ancient vertebrate fossils with scientific value protected by the state shall be punished in accordance with the provisions of the preceding paragraph.
What is the eighth paragraph of Article 36 of the Criminal Law of People's Republic of China (PRC)? There are two paragraphs in Article 36 of the Criminal Law of People's Republic of China (PRC), but there is no eighth paragraph.
Criminal law of the people's Republic of China
Article 36 Compensation for Economic Losses and Principle of Civil Priority If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses shall be given according to the circumstances.
If a criminal who is liable for civil compensation is sentenced to a fine at the same time, and his property is not enough to pay in full, or if he is sentenced to confiscation of property, he shall first bear civil liability for compensation to the victim.
Article 6 1 of the Criminal Law of People's Republic of China (PRC) stipulates that Article 61 of the Criminal Law provides factual and legal basis for sentencing.
criminal law
Article 61 When deciding the penalty, it shall be imposed in accordance with the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.
What is the content of Article 246th of the Criminal Law of People's Republic of China (PRC)? Article 246 Crimes of insult and slander: Whoever publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
review article
Insult refers to the use of violence or other means to openly degrade the personality of others and damage their reputation, which is a serious act. The objective performance is that the perpetrator uses violence or other methods (such as words, words, pictures, etc. ) openly belittle his personality and destroy his reputation in front of the victim. If the perpetrator insults others by violent means and negligently causes serious injury or death, he shall be convicted and punished as a felony.
The crime of libel refers to the act of fabricating and spreading some fictitious facts, which damages the personality and reputation of others and has serious circumstances. Objectively, it is the behavior that the actor fabricates false facts that damage others' personality and reputation out of nothing and spreads them to everyone. "Serious circumstances" refers to a situation in which the means of slandering others are bad, the consequences are serious or the influence is extremely bad. The two crimes stipulated in this article are both crimes that are dealt with after being told. If the victim doesn't tell, the perpetrator can't be investigated for criminal responsibility.
Relevant laws and regulations
Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications.
Articles 3 and 4 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Organizing and Utilizing Cult Organizations (II)