According to the provisions of Article 264 of the Criminal Procedure Law, if the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center will execute it on his behalf.
Article 76 of the Criminal Procedure Law: The term of residential surveillance at the designated residence shall be deducted from the sentence. If a person is sentenced to public surveillance, one day of residential surveillance shall be reduced to one day of fixed-term imprisonment; If a person is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be reduced to one day of fixed-term imprisonment.
Therefore, those who are under residential surveillance before sentencing shall be sentenced to a reduced sentence according to law, and those whose remaining sentence is less than three months shall serve their sentences in the detention center, otherwise they will still serve their sentences in prison.
Extended data:
20 12 in March, the fifth session of the 11th National People's Congress deliberated and passed the Criminal Procedure Law. After this revision, it is stipulated that if a prisoner sentenced to fixed-term imprisonment has less than three months left before being handed over for execution, the detention center will execute it on his behalf.
The second paragraph of Article 15 of China's current prison law stipulates that if the remaining sentence of a criminal is less than one year before being handed over for execution, the detention center will execute it on his behalf.
20 12 years 1 23 October, the National People's Congress Standing Committee (NPCSC) was requested to amend the relevant provisions of the Prison Law, and the time limit for the detention center to execute the penalty was adjusted from the remaining sentence1year to three months. This ensures consistency with the provisions of procedural law.
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