Fixed-term imprisonment refers to the penalty of being sentenced to a certain period of fixed-term imprisonment, which can generally be released after the end of the sentence.
Criminal detention refers to the detention sentenced to a certain period of time, which can be released after the end of the criminal detention period.
Control refers to the punishment of restricting personal freedom. Generally, it is enough to be released after serving a sentence, but certain restrictions and regulations need to be observed during the sentence.
The difference between fixed-term imprisonment, criminal detention and public surveillance lies in the length of imprisonment and the way of execution of punishment. Fixed-term imprisonment is generally sentenced to a longer term of imprisonment, criminal detention to a shorter period of criminal detention, and public surveillance to a shorter period of restriction of personal freedom.
When making a judgment, the court will comprehensively consider the plot, nature and degree of harm of the crime and choose the appropriate punishment form. Fixed-term imprisonment, criminal detention and public surveillance are all legal forms of punishment stipulated by law, which play a certain role in punishing criminal acts and maintaining social order.
Legal basis:
Article 90 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The people's procuratorate shall, after examining the cases submitted by the public security organs for approval of arrest, decide whether to approve or disapprove the arrest according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
Article 76 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the term of residential surveillance at designated residence shall be reduced to fixed-term imprisonment. 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.
Article 83 of the Criminal Procedure Law of People's Republic of China (PRC) * * * When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ where the detained or arrested person is located, and the public security organ where the detained or arrested person is located shall cooperate.
Article 44 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The defender voluntarily or any other person shall not help the criminal suspect or defendant to conceal, destroy, forge evidence or collude with others, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder the judicial process. Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.