After being tried and sentenced for a crime abroad, will the person be transferred to the prison of his or her home country? Generally not.
What is the difference between a detention center and a prison or a detention center? A detention center is used to detain suspects suspected of criminal crimes. Please note that they are suspected of committing crimes because the public security organs have not yet investigated clearly and are afraid that they will escape. Therefore, they should be locked up in detention centers to prevent criminal suspects from escaping, hiding, committing suicide, etc. Those who are guilty and sentenced by the court are not called criminal suspects but prisoners, and they will be sent to a detention center. Of course, those sentenced to lighter punishments or short-term imprisonment will be executed in the detention center. Prison: After a criminal suspect is clearly found guilty and sentenced by the court, he is no longer called a criminal suspect but a prisoner. He will be detained in prison to serve his sentence and be released after serving his sentence. Detention center: It is similar to a prison. Because a person has violated the law of public security management, the public security organ will take him into administrative detention. The administrative detention time is relatively short. When it is time to release the person, that is, your administrative detention punishment is over and everything is fine. . In short, prisons and detention centers are where this person is found out and goes in to receive punishment. After entering the detention center, if you are found guilty, you will go to jail; if you are not found guilty, you will be released. After being sent to jail, he will be released after serving his sentence, and he will be released after being sent to a detention center for ten days. According to legal provisions, there are differences between detention centers and prisons in terms of custody subjects and judicial responsibilities. The main manifestations are as follows: According to the "Regulations of the People's Republic of China on *** and National Detention Centers": Detention centers are institutions that arrest and criminally detain criminals in accordance with the law. . Criminals who are sentenced to fixed-term imprisonment of less than one year or whose remaining sentence is less than one year and cannot be sent to a labor reform facility may also be supervised by a detention center. The mission of the detention center is to provide armed custody of detainees in accordance with national laws to ensure safety; to educate prisoners; to manage the lives and health of prisoners; and to ensure the smooth progress of investigations, prosecutions, and trials.
How to file a case in another place? my country's Criminal Procedure Law stipulates that if the personal or property rights of the victim or criminal suspect have been infringed, the victim or criminal suspect has the right to report or accuse the case to the public security organ, the People's Procuratorate or the People's Court. Whether the case filing conditions are met will be determined by the judicial authority after review. Article 108 of the Criminal Procedure Law: Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report or accuse to the public security organ, the People's Procuratorate or the People's Court. Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. If the case does not fall under one's own jurisdiction, the case shall be transferred to the competent authority for handling, and the reporter, accuser, and whistleblower shall be notified; if the case does not fall within one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first, and then the case shall be transferred to the competent authority for handling. Article 110 The people's courts, people's procuratorates or public security organs shall review reports, accusations, reports and surrender materials in a timely manner according to their jurisdiction. If they believe that there are criminal facts that require criminal liability, they shall file a case; if they believe that there are no criminal facts, they shall file a case. , or if the criminal facts are obviously minor and do not require criminal liability, the case will not be filed and the reasons for not filing the case will be explained. The reason for not filing a case should be informed to the accuser. If the accuser is dissatisfied, he can apply for reconsideration. The above knowledge is my answer to relevant legal questions. The public security organs have strict time limits for handling cases. For example, the maximum period of detention is only 37 days. In order to protect the legitimate rights and interests of criminal suspects, the public security organs should set a period of time in the custody of the other party starting from the date of their arrest. If the public security organ detains the suspect for an extended period on the grounds of handling a case in another location, the criminal suspect may plead through an attorney.