The minimum punishment for criminal cases is exemption from criminal punishment. Those who do not need to be sentenced to criminal punishment for minor crimes may be exempted from criminal punishment, but according to the different circumstances of the case, they may be admonished or ordered to make a statement of repentance, apologize and compensate for losses, or be given administrative punishment or administrative sanction by the competent department.
In addition, the minimum sentence for criminal cases is public surveillance and criminal detention, because the restriction of personal freedom is only a few months.
At present, there are two main punishments: principal punishment and supplementary punishment. Principal punishments mainly include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Among them, the time of control is generally more than 3 months and less than 2 years, and the combined punishment for several crimes is generally not more than 3 years; The time of criminal detention is 1 month to 6 months. If it is a combination of several crimes, it generally does not exceed 1 year; The time of fixed-term imprisonment is more than 6 months and less than 15 years. If it is a combination of several crimes, it generally cannot exceed 20 years.
What is the process of handling criminal detention?
1. When the public security organ considers it necessary to detain the criminal suspect, it shall report to the person in charge of the public security organ for examination and approval;
2. Issue a detention permit, which should be presented at the time of detention;
3, the procuratorate custody, subject to the approval of the head of the department, the attorney general decided;
4, served on the public security organs for execution.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 33 of the Criminal Law of People's Republic of China (PRC). The main types of punishment are as follows:
(1) control;
(2) criminal detention;
(3) Fixed-term imprisonment;
(4) life imprisonment;
(5) the death penalty.
Article 37 of the Criminal Law of People's Republic of China (PRC) may be exempted from criminal punishment if the circumstances of the crime are minor and there is no need to impose criminal punishment. However, according to the different circumstances of the case, it may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or it may be given administrative punishment or administrative sanction by the competent department.