After being sentenced to criminal detention, if his condition seriously endangers his life safety or he can't take care of himself, he can be released on parole for medical treatment. If a prisoner suffers from a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall diagnose and issue a certificate.
Criminal detention is a criminal punishment if it meets the conditions for dismissal from public office. Paragraph 2 of Article 17 of the Regulations on Punishment of Civil Servants of Administrative Organs stipulates that civil servants of administrative organs shall be dismissed if they are sentenced to punishment according to law.
According to the Regulations on the Punishment of Civil Servants of Administrative Organs
Article 17 If a civil servant of an administrative organ violates the law and discipline and has been punished, dismissed, dismissed from public office or resigned from leadership positions before the administrative organ makes a decision on punishment, the administrative organ shall punish him according to the facts of his violation of the law and discipline. If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed.
Article 9 If a civil servant of an administrative organ is dismissed, his/her personnel relationship with his/her unit will be terminated and he/she will no longer serve as a civil servant from the date when the punishment decision takes effect. If the civil servants of administrative organs show repentance during the disciplinary period except dismissal, and there is no violation of law and discipline again, the punishment will be lifted after the expiration of the disciplinary period.
Extended data
Cases of drunk driving and dismissal from public office:
On July 4th, 20 17, the People's Court of Yongding County, Longyan City, Fujian Province disclosed that it had concluded a case of dangerous driving with a special subject. Lin, an employee of an enterprise and institution, was sentenced to two months' criminal detention, suspended for three months and fined RMB 4,000. Lin was sentenced for a crime and was also expelled from public office.
It is understood that after graduating from college, Lin successfully entered a certain enterprise and institution through the examination. Because of his outstanding ability, he was valued by the leaders and was regarded as a candidate for promotion and appointment. Unexpectedly, all this was broken by a traffic accident on July 26, 20 16.
On the same day, Lin was preparing to go home with a motorcycle without a license plate after drinking, and on the way, he collided with a motorcycle driven by Lan, who was driving in the opposite direction, causing damage to both cars and injuries to Lin and Lan. It is determined that Lin and Lan are equally responsible for the accident. Afterwards, the police conducted an alcohol test on Lin and conducted a blood test, and entrusted an appraisal agency to identify him. After identification, Lin's blood alcohol content is176.95438+0 mg/100 ml, which belongs to drunk driving.
During the trial, Lin said that he realized the illegality of his behavior and regretted it. However, his defender believes that Lin's plot is extremely minor and does little harm. Based on the principle of combining education with punishment, he should be exempted from criminal punishment.
After trial, the court held that the defendant Lin violated traffic regulations and drunk and drove a motor vehicle in driving without a license on the road, which constituted a crime of dangerous driving. Lin is not qualified to drive a motor vehicle and should be given a heavier punishment according to law. After arriving at the case, he can truthfully confess the facts of the crime and plead guilty voluntarily in court. He has a good attitude of pleading guilty and can be given a lighter punishment according to law. Accordingly, the above judgment was made.
Xiamen Net-Longyan, Fujian: A public official was sentenced to two months in prison for drunk driving and was expelled from his unit.
Husband was sentenced to two months' criminal detention for drunk driving. Can he apply for going home halfway? Prisoners sentenced to criminal detention can take time off to go home according to the law, but it is rarely realized in judicial practice, because it takes several months for the whole criminal procedure to go down and it won't be long before they get the verdict. The law stipulates: Article 42 of the Criminal Law: The term of criminal detention shall be from one month to six months. Article 43 Criminal detention shall be executed by the public security organ nearby. A criminal sentenced to criminal detention may go home for one or two days every month during the execution; Those who take part in labor may be paid as appropriate. Article 44 The term of criminal detention shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
My husband was sentenced to two months and 20 days by the court for drunk driving and has entered the detention center. Can he go home for a day or two in the meantime? The court has ruled that you are not allowed to go home when you enter the detention center. You will be released after serving your sentence. In the meantime, you are never allowed to go home. Unlike abroad, China has a bail period. You can go home on bail. There is no such law in China, and two months passed quickly. Remember the lesson. The harm of drunk driving will never make such a mistake again. The judgment of the court also taught you a lesson. Let you remember not to drink.
My husband was criminally detained for drunk driving, and the court has already opened. When will the judgment come down: Article 202 of the Criminal Procedure Law When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, but not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
The drunk driving court sentenced me to two months' detention. My friend has been released on bail for two months. Do I still need to serve time? Take? Hello, the period of bail pending trial is not included in the sentence. Article 44 of the Criminal Law "detention first" is the time to restrict personal freedom. Your friend was sentenced to two months' criminal detention for dangerous driving, and he will still serve his sentence in the detention center after the judgment takes effect. Bail pending trial is generally suitable for people with minor circumstances and little harm. However, bail does not mean that the representative can not be sentenced. If the investigation organ has other evidence, it can also arrest. However, it is generally possible to postpone the sentence. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
How long can the husband be sentenced to drunk driving and sent to the detention center? According to Article 42 of the Criminal Law, the term of criminal detention is from one month to six months. Criminal Law: Article 42 The term of criminal detention shall be from one month to six months. Article 133 Crime of causing traffic accidents; The crime of dangerous driving violates traffic management. ...
My husband was sentenced to two months for drunk driving. I don't know what happened inside-:serving his sentence in the detention center, he can visit, bring his ID card and marriage certificate, and the prison can also visit the prison law. Article 47 A prisoner may correspond with others while serving his sentence, but his correspondence shall be subject to inspection by the prison. Letters that hinder prisoners' reform can be detained. Letters written by criminals to prison higher authorities and judicial organs are not subject to inspection. Article 48 While serving a sentence in prison, a prisoner may meet his relatives and guardians in accordance with regulations. Article 49 With the approval and inspection of the prison, criminals should accept property.
Will it affect civil servants if their spouses are detained for two months for drunk driving? -:I don't know whether you are talking about the qualification examination of the interview or passing the political examination in the future. The former has no influence, but you will be asked to go to the police station to open a certificate of innocence and family status, as well as the political review materials of your main relatives. Criminal detention is a kind of criminal law, so it has influence. If it's detention, it's okay.
Husband was drunk, and the court said that he was detained for two months, but the verdict has not yet come down. People have been in 12 days! How long will you be detained? -: 1. Every day you are locked in there, your sentence will be reduced by one day, which means you will be detained for two months every day. So don't worry too much. Send him some clothes and money.
My husband was sentenced to two months for drunk driving. Will he still need money if he is released? -:No.
Drunk driving was sentenced to two months' criminal detention. Do you still have to stay in the detention center for two months? Yes, it's normal to go in for two months for public meals, and you can eat more if you spend money, and you can be released on bail if you spend more money.