Whether a criminal suspect will go to jail in the end depends on the specific case, and finally the court will make a judgment. If the court decides the actual punishment, it will go to jail. If the court decides probation or innocence, he won't go to jail. Let me talk about the specific situation for your reference.
After the case occurs, the public security organ will file a case for investigation according to whether there are criminal facts and jurisdiction. In the process of investigation, the criminal suspect will be found first, and then criminal compulsory measures will be taken against the criminal suspect according to the specific circumstances of the case. The measures include criminal detention, bail pending trial and residential surveillance, and the public security organs will choose specific measures according to specific cases. If measures such as bail pending trial or residential surveillance are taken, it means that the suspect is waiting for judicial procedures outside the detention center. If criminal detention is taken, the public security organ shall apply to the people's procuratorate for approval of arrest within the prescribed detention period. If the procuratorate deems it necessary to arrest after examination, it shall issue relevant documents to decide to arrest, and the public security organ shall carry out the arrest. At this time, the suspect needs to wait in the detention center to complete the judicial process. If the procuratorate thinks that there is no need to arrest, it will send a notice of no arrest to the public security organ, and then the public security organ will immediately change the compulsory measures against the suspect and release the person to the detention center.
After the investigation of the case, the public security organ will sue the case to the procuratorate for review. Then, if the task evidence of the procuratorate is sufficient and the facts of the crime are clear, and criminal responsibility needs to be investigated, it will file a public prosecution with the court, and then it will be tried by the court. If the procuratorate considers that the facts of the case are unclear and the evidence is insufficient, it will return the case to the public security organ, and the public security organ will make supplementary investigation before prosecuting, or the procuratorate will not directly prosecute. If the procuratorate does not prosecute, then the suspect has no criminal responsibility. If the public prosecution goes to the court, the court will finally give the suspect a fair trial according to the specific facts of the case. At this time, I went back to the beginning of the article. If the court decides that the criminal is indeed sentenced, then he will have to go to jail. If sentenced to probation (except death penalty), then he doesn't have to go to jail, but he can't commit any more crimes during probation, or he will go to jail.
These are some of my own understandings, which may be inappropriate. Please criticize and correct me and discuss together. Thank you!
A criminal offence does not necessarily lead to imprisonment. In addition to being sentenced to imprisonment, criminals can also be prosecuted by the people's procuratorate, fined by the court, put under control, suspended, and executed outside prison.
The people's procuratorate does not prosecute.
According to the second paragraph of Article 177 of China's Criminal Procedure Law, if a criminal commits a crime, but the circumstances of the crime are minor and there is no need to be sentenced or exempted from punishment, the people's procuratorate may make a decision not to prosecute, which is also called relative non-prosecution. For example, many minors commit theft. If the amount of crimes is not large, and they are all first-time offenders or occasional offenders, the procuratorate will often make this relatively non-prosecution decision.
2. The court decided to control and impose a single fine.
According to the criminal law, China's penalties include death penalty, life imprisonment, fixed-term imprisonment, criminal detention, public surveillance and fines. Among them, for some minor criminal offences, they can be sentenced to public surveillance and a single fine. Control does not require imprisonment, but will require participation in community correction. Single punishment means that the court only decides to pay the fine, and there is no other punishment.
The court decided to suspend the judgment.
Probation is a way of penalty execution. Sentence criminals to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances of the crime are minor, a suspended sentence may be given. For criminals who have been suspended, community correction shall be implemented according to law. During the probation period, if the criminal has no serious violation of law and discipline, the original sentence will not be executed, and of course there is no need to go to jail.
4. Extrajudicial execution
Criminals sentenced to fixed-term imprisonment or criminal detention, who need medical parole due to serious illness, and pregnant or nursing women who cannot take care of themselves, may be temporarily executed outside prison. A criminal sentenced to life imprisonment may also be temporarily executed outside prison if he is pregnant or breastfeeding his own baby. As the name implies, they don't have to go to jail at this time.
Criminal offences are bound to be punished. Most criminals will go to jail.
As for whether or not to go to prison and how long it will take, we cannot generalize the nature, degree, consequences and subjective malignancy of the crimes committed by the defendant.
Some minor criminal offences, some minor crimes and some negligent crimes do not need to be sentenced to fixed-term imprisonment or criminal detention, so long as they are sentenced to public surveillance or fines, deprived of political rights or confiscated property, the purpose of punishment can be achieved.
People who commit crimes against foreigners may also be deported.
Some criminals have been sentenced to three years' imprisonment, or their execution may be suspended for various reasons. During the probation period of probation, no new crimes have been committed, no new criminal acts have been found in the past, and if the circumstances are serious and there are no violations of laws and regulations, it is deemed that the punishment has been completed and there is no need to go to prison again.
Some people are sentenced to heavier punishment for serious crimes, but they are not suitable for detention because of their serious illness, and may also be released on bail pending trial or executed outside prison.
At present, in the world, the general development trend of penalty execution is that there are more and more light punishment and non-imprisonment If the criminal's crime is minor, he can get effective education and reform in society and will not endanger society, the judicial organs will try their best not to put him in prison. This is also a manifestation of the progress of judicial civilization.
Not all criminal offences are in prison.
A criminal offence is a criminal law that is violated because of someone's behavior.
However, a criminal offence does not necessarily lead to imprisonment, because criminal punishment is not just a form of imprisonment.
We usually say that the standard term of fixed-term imprisonment is to serve a sentence in prison, but only death sentence, life imprisonment and fixed-term imprisonment are served in prison, but the penalties for crimes include death penalty, criminal detention, public surveillance, fine, deprivation of political rights, confiscation of property and so on. The latter four don't need to serve time in prison, that is, they won't go to jail. At the same time, probation and exemption from criminal punishment will not be executed in prison.
Generally speaking, it is a serious criminal offence, and it will be sentenced to more than fixed-term imprisonment, and the possibility of imprisonment is very high.
If the crime is minor, you may not have to go to jail.
In other words, it depends on the severity of the specific crime.
In addition, if you surrender and plead guilty, you can also be given a lighter or mitigated punishment, and the probability of not going to jail is greater.
I hope I can help you.
There is no one-to-one correspondence between criminal offences and imprisonment. It can be said that criminals are not necessarily in jail, and those who are in jail are criminals.
In most cases, most criminals will go to jail if they are convicted by the court after being prosecuted (including public prosecution and private prosecution).
1. In the following cases, you don't need to go to jail after being convicted of a criminal offence.
For example:
1. If the crime is minor, it shall be exempted from criminal punishment. Negligence of duty and other joint crimes, if the circumstances are minor, may be exempted from criminal punishment.
B, the crime can be sentenced to probation. Ordinary crimes such as traffic accidents are sentenced to fixed-term imprisonment of not more than three years, but if the victim actively compensates for economic losses and obtains criminal understanding, he can be given a lighter suspended sentence.
C, crime, but because of pregnancy or suffering from serious illness is not suitable for serving a sentence, generally sentenced to temporary execution outside prison.
D. those who committed a crime but were pardoned according to law. For example, some war criminals and political prisoners have been pardoned many times in history.
2. In some cases, a crime is committed in time but will not be tried, or there is no need to go to jail after the trial.
For example:
1. The crime has exceeded the time limit for prosecution of criminal cases.
B, the evidence is insufficient, and the criminal facts are in doubt.
C, criminal cases of private prosecution, the victim or his close relatives shall not be investigated.
Criminal handling or imprisonment, etc ... The nature of criminal cases is varied? There are many kinds of crimes such as murder, arson, theft, theft, fraud, drug trafficking and drug abuse, and the age of the criminal subject has the characteristics of endangering society. Criminal suspects surrender voluntarily, and their attitudes and performances are different when sentencing, and some are supervised by the people after sentencing. And the death penalty is suspended or executed immediately.
Hello, according to your questions, combined with past experience, talk about my views.
A criminal offence does not necessarily lead to imprisonment. The reason for this is the following：
First, in terms of crime, there is no need to go to jail. Generally speaking, it is a matter of age. People under the age of 14 at the time of committing a crime are considered as crimes, but they will not go to jail. For those who have reached the age of 14, but have not reached the age of 16, criminal punishment may not be imposed on some crimes. However, parents or guardians should be ordered to discipline them, and if necessary, they can be taken in by the government for reeducation.
In addition, although it is stipulated that criminals who have reached the age of 75 can or should be given a lighter or mitigated punishment, in practice, ordinary cases will not be sentenced to fixed-term imprisonment.
Second, judging from the nature of the case, there are cases where imprisonment is not necessary. Criminal offences can be punished or not. Simply put, it doesn't hurt the plot. Punishment can be exempted or mitigated, and people who are exempted from punishment do not need to go to jail. Although this is a criminal offence, they will not go to jail.
Secondly, the case is not prosecuted or dismissed in the procuratorate. Although such cases are criminal acts, considering the comprehensive reasons, those who do not prosecute or dismiss the prosecution according to law generally do not need to go to jail. There is no need to go to jail for criminal cases that have not been investigated according to law.
Third, if the execution of the case is suspended after the trial, the sentenced person may not go to jail. In some substantive cases, people are released on bail pending trial according to the circumstances of the case, and those sentenced to probation after the trial will not have to go to jail.
The above is my opinion. Please forgive me if there is anything wrong. Thank you.
Is it necessary to go to jail for a criminal offence? How to distinguish?
To sum up, whether a criminal will be detained depends mainly on the severity of the crime and whether the circumstances are bad; Whether there are statutory or discretionary circumstances for a lighter punishment. In movies, people who commit crimes will be called "prisons", but in fact, criminal offences are not exactly equal to imprisonment. Say separately:
First of all, serious criminal suspects are basically going to jail.
Such as intentional homicide, robbery, rape, kidnapping and other serious crimes. This kind of criminals have cruel means and bad circumstances, and their personal danger and social harm are very great. They will definitely be sentenced to actual punishment and then put into prison for education and reform.
Secondly, there is no need to go to jail for minor criminal cases.
This kind of crime generally refers to cases with imprisonment of less than 3 years, such as minor injuries, dangerous driving, traffic accidents, theft, etc. According to the circumstances of the crime, the criminal suspect can plead guilty, repent, return stolen goods, make meritorious service, etc., and be given a lighter punishment, sentenced to probation and not jailed. In fact, this is to give these people a chance to innovate and help them transform.
Finally, people in special circumstances don't have to go to jail.
According to the law, three types of personnel can be temporarily executed outside prison even if they are sentenced. First, there is a serious illness that requires medical treatment outside the hospital; Second, pregnant or breast-feeding women; Third, life cannot take care of itself, and the application of temporary execution outside prison will not harm society. Of course, once the above conditions disappear and the sentence is not over, you still have to go to prison to execute the remaining sentence.
Personal opinion, welcome everyone to pay attention, forward and leave a message!
Not necessarily. In fact, there are many situations where you don't have to go to jail.
Since the premise of the subject's question is a criminal offence, we only discuss the situation that has actually constituted a crime. Even so, there are many cases where you don't need to go to jail.
According to the criminal law, the age of criminal responsibility in China is 16 years old, that is to say, people who have reached 16 years old should bear criminal responsibility for committing crimes.
For people under 16 years old, there are only two exceptions, and they can be investigated for criminal responsibility: 1 is eight particularly bad situations stipulated in the criminal law, and it can be done if they are over 14 years old. In the second case, if the circumstances are particularly serious, with the approval of the Supreme People's Procuratorate, people who have reached the age of 12 can be prosecuted.
A mentally ill person who is unable to identify or control his own behavior when committing a crime, that is, a person without criminal responsibility, can not bear criminal responsibility.
But even if you don't pursue criminal responsibility, you should go to the corresponding mental institution for compulsory medical treatment.
In addition, patients with intermittent mental illness who commit crimes under normal mental conditions need to be investigated for criminal responsibility.
1 level, self-defense.
The criminal law clearly stipulates self-defense, and those who do not exceed the necessary limit will not bear criminal responsibility. In addition, it is specially stipulated that those who defend themselves against violent crimes such as beating, killing, robbery, rape and kidnapping that seriously endanger personal safety, regardless of the consequences, will not be criminally responsible.
The implication is that legitimate defense itself is to fight injustice with justice, to safeguard national interests, public interests or the legitimate rights and interests of individuals, and is encouraged and protected by the state.
The second category is emergency hedging.
Similar to self-defense, the criminal law provides for emergency avoidance. That is, in order to protect the national interests, public interests or the legitimate rights and interests of individuals from the ongoing danger, it is necessary to take emergency actions to avoid risks, and if the legitimate rights and interests of others are infringed, it does not exceed the necessary limit, so it does not bear criminal responsibility.
According to the relevant process of criminal proceedings, it can be divided into three categories from three aspects: review and prosecution, trial and penalty execution.
According to the provisions of the Criminal Procedure Law and other relevant laws, the procuratorate can handle non-prosecution in some cases, which is related to the problem that constitutes a criminal offence, that is, relative non-prosecution, which is also called non-prosecution if the crime is minor.
After examination, the procuratorial organ considers that the criminal suspect's behavior has constituted a criminal offence, but if the circumstances of the crime are minor, it may not impose criminal punishment or prosecute.
One is probation. Since it is a suspended sentence, what is actually implemented is a non-imprisonment method, that is, a community correction method. However, it should be noted that even if the sentence is suspended, there may be cases of pre-judgment detention.
The second is control, which is similar to probation and needs community correction.
The third is a single additional punishment, including fines, deportation and deprivation of political rights.
The fourth is immunity from criminal punishment, which is similar to the relative non-prosecution of the procuratorate. They are all aimed at that kind of crime, which is relatively minor and does not need to be sentenced to punishment.
This situation refers to people who have been sentenced to actual punishment-fixed-term imprisonment-including fixed-term imprisonment, fixed-term imprisonment and criminal detention, and then have not served their sentences in detention centers or prisons.
First, it is temporarily executed outside prison. It is precisely because of special circumstances such as serious illness, inability to take care of themselves, pregnancy and breastfeeding of their own babies that they were temporarily executed outside prison.
This situation needs to be appraised by the competent authority in accordance with legal procedures. After the corresponding situation disappears, if the sentence is not full, it will continue to be imprisoned.
The second is parole. That is, a person who is seriously penitent thinks that he should be released on parole after the execution of the penalty for a period of time, so that he can return to society first, so that it will not harm society, so he can decide to be released on parole. If there is no corresponding illegal act at the expiration of parole, then the remaining sentence will not be executed.
Therefore, strictly speaking, parole does not belong to the type required by the subject, but the remaining information punishment does not need to be taken into custody.