Additional punishments for criminal punishment include fines, deprivation of political rights and confiscation of property:
1. fine: refers to the criminal punishment that the people's court decides to force criminals to pay a certain amount of money to the state and impose economic sanctions on criminals;
2. Deprivation of political rights: According to regulations, this supplementary punishment is applicable to criminals who commit crimes endangering national security, as well as criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order; If it is applied independently, it shall comply with the provisions of the Specific Provisions of the Criminal Law of People's Republic of China (PRC). At the same time, criminals sentenced to death or life imprisonment should be deprived of political rights for life, but when the suspended execution of death sentence is reduced to fixed-term imprisonment or life imprisonment, the additional period of deprivation of political rights for life should be changed to less than three years 10 year;
3. Confiscation of property: According to the regulations, confiscation of property is mainly applicable to crimes with huge or especially huge criminal gains, and it is a punishment to confiscate part or all of the personal property of criminals. However, if all property is confiscated, the necessary living expenses should be reserved for criminals and their families;
4. Expulsion: Expulsion refers to the penalty method of forcing foreigners who commit crimes to leave China. Expulsion can be applied independently or additionally to foreigners who commit crimes.
Additional punishment can also be used independently. When imposing a fine on the defendant, the amount of the fine shall be determined according to the circumstances of the crime. When the defendant is sentenced to confiscation of property, he usually confiscates part or all of the criminal's personal property.
The main penalties include the following:
1, the control period is more than 3 months and less than 2 years, and the combined punishment for several crimes shall not exceed 3 years. The period of control shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment for 2 days. Control is carried out by public security organs and reformed under the supervision of the masses;
2. The term of criminal detention is 1 month to 6 months, and the combined punishment for several crimes cannot exceed 1 year. The term of criminal detention shall be counted from the date when the judgment is executed. If the person is detained before the judgment, the criminal detention 1 day shall be reduced to fixed-term imprisonment 1 day. Criminal detention shall be executed by the public security organ nearby. Criminals sentenced to criminal detention can go home to work for one or two days a month during the execution of criminal detention, and they can get paid as appropriate;
3. The term of fixed-term imprisonment is generally more than 6 months and less than 15 years. The combined punishment for several crimes shall not exceed 20 years. If the person is detained before the execution of the judgment, the detention 1 day shall be reduced to imprisonment 1 day. Fixed-term imprisonment shall be executed in prisons or other places. During the execution period, all criminals who have the ability to work should take part in labor and receive education and reform;
4. Life imprisonment is generally applicable to criminals who seriously endanger national security and major criminals such as intentional homicide, arson, drowning, explosion, poisoning, robbery, rape, drug trafficking, smuggling, corruption and bribery.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 59 of the Criminal Law of People's Republic of China (PRC).
The scope of confiscation of property refers to the confiscation of part or all of the personal property of criminals. If all property is confiscated, necessary living expenses shall be reserved for criminals and their families.
When sentenced to confiscation of property, the property owned or deserved by the criminal's family members shall not be confiscated.