Is the time spent in the detention center after sentencing a sentence?

After sentencing, the time spent by the criminal in the detention center should be counted as a sentence. According to the relevant laws and regulations, if a criminal is sentenced to public surveillance, two days' imprisonment can be deducted the day before the execution of the judgment. A criminal sentenced to criminal detention or fixed-term imprisonment may be detained for one day before the judgment is executed.

Legal analysis

If a criminal consciously abides by the law and discipline during the execution of the penalty, observes the prison regulations, and does show repentance or the following major meritorious service during the education and reform, the executing organ, that is, the public security organ or the prison serving the sentence, shall put forward a proposal for commutation to the people's court at or above the intermediate level, and after trial and verification by the people's court, it may decide to appropriately reduce the sentence that should be executed for qualified criminals: 1. After verification, the criminal reports and exposes criminal activities inside and outside the prison, or provides important clues to solve the case and assists the judicial organs in arresting accomplices or other criminal suspects; 2, to prevent others from committing major criminal activities; 3. Technological innovation in production and scientific research has made outstanding achievements; 4. Being active in resisting natural disasters, supporting disaster relief or eliminating major accidents; 5. In daily production and life, there have been cases of sacrificing yourself to save others; 6. Have made other significant contributions to the country and society.

legal ground

Fixed-term imprisonment controlled by Article 41 of the Criminal Law of People's Republic of China (PRC) 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 two days of imprisonment.

Article 44 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.

Article 47 of the Criminal Law of People's Republic of China (PRC), counting 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.

Article 29 of the Prison Law of People's Republic of China (PRC) * * * If a prisoner who has been sentenced to life imprisonment or fixed-term imprisonment does repent or perform meritorious service during his sentence, his sentence may be reduced according to the prison assessment results. Those who have made one of the following major meritorious deeds shall be given a reduced sentence: (1) preventing others from engaging in major criminal activities; (2) reporting major criminal activities inside and outside the prison, which is verified by investigation; (three) there are inventions or major technological innovations; (4) sacrificing oneself to save others in daily production and life; (five) outstanding performance in resisting natural disasters or eliminating major accidents; (6) Having made other significant contributions to the country and society.