1, control. If the term is more than 3 months but less than 2 years, the combined punishment for several crimes shall not exceed 3 years;
2. Criminal detention. The prison term is 1 month to 6 months, and the combined punishment for several crimes shall not exceed 1 year;
3, fixed-term imprisonment. The prison term is more than 6 months but less than 15 years, and the combined punishment for several crimes shall not exceed 20 years;
4. Life imprisonment;
5. Death penalty. The death penalty is not applicable to people under 18 years of age at the time of the crime and women who are pregnant at the time of trial.
The specific circumstances that can be exempted from criminal punishment are as follows:
1, the behavior of the perpetrator has constituted a crime. This is a prerequisite for impunity;
2. The circumstances of the crime are minor. This is a necessary and objective condition for the application of exemption from punishment, which determines whether the key to the application of exemption from punishment lies in the severity of the crime itself;
3. No fine is required. The punishment here can take many forms. Declaring a crime itself is a penalty, and applying other non-penalty methods is also a penalty.
Criminal crime handling process
The first stage: report the case. After the occurrence of a criminal case, if the victim or a third party reports the case, the pre-procedure of the criminal case is equivalent to starting.
The second stage: the initial investigation of public security. After the public security organ accepts the report, the victim and the lawyer shall cooperate with the public security organ to carry out a preliminary investigation, and after finding out the facts of the key case, determine whether there are basic criminal facts in this case, so as to decide whether to file a case.
The third stage: filing a case, and the case enters the investigation stage. After the initial investigation by the public security organ, the victim and lawyer should fully communicate with the investigation and legal departments of the public security organ according to the results of the initial investigation, and cooperate with the public security organ to formally establish the case as a criminal case to carry out investigation.
The fourth stage: after the investigation, the public security organ puts forward the prosecution opinion, and the case enters the stage of examination and prosecution.
The fifth stage: the stage of examination and prosecution by the procuratorate. After the investigation stage, the case entered the stage of examination and prosecution. After investigation, the public security organ extracts, fixes and files all the evidence materials of the case, and then transfers the case file to the procuratorate, which examines the case and decides whether it is necessary to bring a public prosecution to the people's court.
The sixth stage: the trial stage. After the procuratorial organ examines the prosecuted case, if there are clearly accused criminal facts in the indictment, the court shall decide to hold a hearing. The court listens to the opinions of both the prosecution and the defense, and makes a guilty or innocent judgment on the defendant according to the facts, evidence and relevant laws and regulations.
legal ground
Criminal law of the people's Republic of China
Article 33 Types of principal punishments The types of principal punishments are as follows:
(1) control;
(2) criminal detention;
(3) Fixed-term imprisonment;
(4) life imprisonment;
(5) the death penalty.
Article 32 Principal punishment and supplementary punishment are divided into principal punishment and supplementary punishment.