1, control is generally sentenced to more than 3 months and less than 2 years, and the combined punishment for several crimes is not more than 3 years;
2. Criminal detention is generally sentenced to 1 month to 6 months, and the combined punishment for several crimes shall not exceed 1 year;
3. Fixed-term imprisonment is generally sentenced to more than 6 months 15 years. If the combined punishment for several crimes is less than 35 years, the maximum sentence shall not exceed 20 years. If the total term of imprisonment exceeds 35 years, the maximum term of imprisonment shall not exceed 25 years.
4. Life imprisonment is life imprisonment.
1. What are the types of criminal punishment?
There are two kinds of punishments stipulated in China's criminal law: principal punishment and supplementary punishment. There are five main punishments:
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.
There are three supplementary punishments:
1, fine;
2. Deprivation of political rights;
3. Confiscation of property;
4. And deportation.
II. Provisions on Commutation of Sentences by Criminals
1, commutation is divided into general commutation and general commutation; The key conditions for the application of the two are different, and the scope of commutation period is also different;
2. The necessary condition for "being able to" reduce the sentence is that during the execution period, he will seriously abide by the prison regulations, accept education and reform, and truly repent or make meritorious deeds. As long as a criminal has one of "repentance" and "meritorious service", his sentence can be reduced, but it is not required to have both. "True repentance" requires both "observing prison regulations" and "receiving education and reform", while "meritorious service" focuses on the objective behavior of criminals that is beneficial to the country and society;
3. The essential condition for "should" reduce the sentence is "significant meritorious service", which has been stipulated in this Law. It still focuses on the objective behavior of criminals that is beneficial to the country and society, and does not need to require criminals to have "real repentance" at the same time.
With regard to the limit of commutation, the actual sentence of life imprisonment criminals after commutation shall not be less than 65,438+00 years, the sentence of fixed-term imprisonment criminals, prisoners and controlled criminals shall not be less than half of the original sentence, and the sentence of suspended criminals shall not be less than 65,438+04 years.
To sum up, the sentencing of criminal cases should be determined according to the specific types of punishment. In China, there are five kinds of punishments: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Different types of punishment have different deadlines.
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. Death penalty.
Article 42 The term of criminal detention is from one month to six months.
Article 43 A criminal sentenced to criminal detention shall be executed by the public security organ nearby.
During the execution, criminals sentenced to criminal detention can go home for one or two days a month; Those who take part in labor may be paid as appropriate.
Article 44 The term of criminal detention and 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.