Criminal detention refers to short-term deprivation of personal freedom, detention nearby and forced labor. A criminal sentenced to criminal detention shall be executed by the public security organ nearby. Criminal detention shall be carried out by public security organs in the nearest detention center, detention center or other places of supervision. Criminals sentenced to criminal detention enjoy two benefits during the execution period: visiting relatives to participate in labor and receiving remuneration as appropriate.
According to the relevant provisions of the Criminal Law, the term of criminal detention is 1 month to 6 months. When several crimes are combined, the maximum penalty shall not exceed 1 year.
criminal law
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 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 69 stipulates that if a person commits several crimes before the judgment is pronounced, except for those who are sentenced to death or life imprisonment, the sentence to be executed shall be less than the total sentence and more than the maximum sentence among several sentences.
However, public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed 20 years, and fixed-term imprisonment shall not exceed 25 years.
Article 253 of the Criminal Procedure Law of People's Republic of China (PRC), when a criminal is delivered for execution, the people's court delivering the execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other execution organs. Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to 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 shall execute it on his behalf.
A criminal sentenced to criminal detention shall be executed by a public security organ. Juvenile delinquents should be punished in juvenile reformatory. The executing organ shall take the prisoner into custody in time and notify the prisoner's family.