The crime of intentional homicide is the most serious, with the death penalty as the main crime, and other crimes are mainly fixed-term imprisonment.
Article 232 of the Criminal Law shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 114 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances or endangers public security by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances, or causes serious injury, death or heavy losses to public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Second, the criminal punishment of the principal punishment
(1) Control: Control refers to the penalty method that criminals are not imprisoned, but their freedom is restricted and corrected by the community according to law. It is one of the types of punishment in China and belongs to the principal punishment. Public surveillance is the lightest principal punishment, which belongs to the original punishment in China. According to the provisions of the criminal law:
1, control period, 3 months or more and 2 years or less.
2. Criminals sentenced to public surveillance shall be corrected by the community according to law.
3. Criminals sentenced to public surveillance must abide by relevant regulations; Equal pay for equal work in labor.
4. When the control period expires, the executing organ shall immediately announce the cancellation.
5. The control period of fixed-term imprisonment shall be counted from the date of execution of the judgment; In case of early detention, 1 day shall be reduced to 2 days' imprisonment.
The characteristics of public surveillance punishment are: first, the punishment level is the lowest; Second, there is no need to invest in special renovation sites, and the public security organs are responsible for supervision; Third, labor is paid. Fourth, the detention time can reach the sentence.
(2) Criminal detention: Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:
1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment of detaining criminals and implementing compulsory labor reform in China.
2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.
(3) Fixed-term imprisonment: it is a penalty method of depriving criminals of personal freedom for a certain period of time and implementing compulsory labor reform. Fixed-term imprisonment is the main punishment of deprivation of liberty, and its punishment range varies greatly, from misdemeanor to felony. Therefore, in China's criminal punishment system, fixed-term imprisonment occupies a core position.
(4) Life imprisonment: it is a penalty method to deprive criminals of their freedom of life and force them to reform through labor.
(5) Death penalty: it is a penalty method to deprive criminals of their lives, including immediate execution of death penalty and suspended execution of death penalty. The death penalty is the heaviest penalty in China, and it is a criminal law that deprives criminals of their right to life and political rights. So the death penalty is strictly controlled.
Third, the additional punishment of punishment.
(1) fine: refers to the criminal punishment of forcing criminals to pay a certain amount of money to the state and imposing economic sanctions on criminals. The applicable objects of fine punishment are economic crimes, property crimes and some intentional crimes.
(2) Deprivation of political rights: According to the provisions of Section 7 of Chapter III of the Criminal Law, this supplementary punishment is applicable to criminals who commit crimes endangering national security, as well as criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order; If it is applied independently, it shall comply with the provisions of the specific provisions of the criminal law.
At the same time, criminals sentenced to death or life imprisonment should be deprived of political rights for life, but when the suspended execution of death sentence is reduced to fixed-term imprisonment or life imprisonment, the additional period of deprivation of political rights for life should be changed to less than three years 10 year. In addition, the term of additional deprivation of political rights is calculated from the date of completion of fixed-term imprisonment or criminal detention or the date of parole, and the effect of deprivation of political rights is of course applicable to the period of execution of the principal punishment.
(3) Confiscation of property: According to the relevant provisions of Section 8 of Chapter III of the Criminal Law of People's Republic of China (PRC), confiscation of property is mainly applicable to crimes with huge or especially huge criminal gains, and it is a punishment to confiscate part or all of the criminal's personal property. However, if all the property is confiscated, it is necessary to leave enough living expenses for criminals and their dependents. At the same time, when sentenced to confiscation of property, the property owned or deserved by the criminal's family members shall not be confiscated. In addition, if the legitimate debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they should be repaid at the request of creditors.
(4) Expulsion: Expulsion refers to the penalty method of forcing foreigners who commit crimes to leave China. Expulsion can be applied independently or additionally to foreigners who commit crimes.
legal ground
Article 232 of the Criminal Law shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 114 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances or endangers public security by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances, or causes serious injury, death or heavy losses to public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Section 7 of Chapter III of the Criminal Law stipulates that supplementary punishment is applicable to criminals who commit crimes endangering national security, as well as criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order. If it is applied independently, it shall comply with the provisions of the specific provisions of the criminal law.
At the same time, criminals sentenced to death or life imprisonment should be deprived of political rights for life, but when the suspended execution of death sentence is reduced to fixed-term imprisonment or life imprisonment, the additional period of deprivation of political rights for life should be changed to less than three years 10 year. In addition, the term of additional deprivation of political rights is calculated from the date of completion of fixed-term imprisonment or criminal detention or the date of parole, and the effect of deprivation of political rights is of course applicable to the period of execution of the principal punishment.