According to what you said, as long as the appeal period should have passed now, then this judgment will take effect. If the sentence is actual punishment, then you need to go to the detention center or prison to serve your sentence. However, recently, because of the epidemic, detention centers, detention centers and prisons have refused to accept people, for fear of infecting other people in prisons, so they cannot be admitted to prison before the epidemic is over. There is also a situation that may be based on the criminal's situation, which may belong to the category that is not suitable for detention, so it will not be accepted. The specific situation depends on the specific situation of the case.
After the crime enters the detention center, you are no longer you, and everything must be supervised and accepted.
Like a condemned man, you can't die if you want to shoot. You need to go through a series of processes. After the process is completed, you need to queue up for shooting. When your number is called, you can die.
Similarly, even if you have been sentenced, you still need to go through a series of processes.
/kloc-sentenced in March of 0/9. From the date of receiving the judgment, he has 10 working days to see whether the procuratorate appeals or protests. If he doesn't appeal or protest, he needs to wait for the case to be closed.
If you don't choose the above in time, the program will go fast and the case will be closed in about 15 days.
When the case is closed, you are eligible to go to prison.
After the case is closed, if the remaining sentence meets the conditions for imprisonment, you will be arranged to serve your sentence in prison.
Detention centers usually send prisoners to prison twice a month. Every time, a group of prisoners who need to serve their sentences in prison are gathered and sent to prison in a unified way.
So, you need to wait for the unified team to go to prison. If you close the case just a few days before the date of centralized delivery to prison, you may close the case and be sent to prison the next day.
Of course, there are exceptions to everything. For example, if it is not issued on holidays, it will not be issued unless a group of "dismissed" people are concentrated. Now, during the COVID-19 period, prisons are strictly controlled, so it is estimated that they are more sensitive.
In short, it's the same sentence. If you go in, you are not you. Wait slowly.
This situation is a bit complicated. There is a ten-day appeal and protest period after the judgment of first instance is served, during which the judgment will not take effect. During this period, the defendant appealed or the procuratorate protested, and the judgment will not take effect until the judgment of the second instance. An ineffective judgment cannot be executed. The focus of the problem is "put in prison", which is commonly known as putting criminal suspects, defendants or criminals in detention centers or prisons. Generally, there are several methods: criminal detention, arrest and execution of punishment. The tools used are detention permits, arrest warrants and enforcement notices. For defendants who have not been detained and sentenced to more than fixed-term imprisonment, the court will generally decide to arrest and notify the public security organs for execution at the same time as the court session or sentencing. People who are sentenced to criminal detention are generally not arrested, especially defendants who commit dangerous driving crimes. Even if they are sentenced to actual punishment, they cannot decide to arrest because they do not meet the arrest conditions of "may be sentenced to fixed-term imprisonment or more"; There are also some defendants who cannot be detained, such as pregnant women, women who are breastfeeding their children, and people with serious diseases. For criminals who are not taken into custody, the court will issue a notice of execution to the detention center after the judgment takes effect. For those who are not suitable for custody, they will be delivered for execution after meeting the conditions, or temporarily executed outside prison according to law. For those who are sentenced to non-custodial sentences, there is no problem of imprisonment, and the criminal is sentenced to probation and controlled by the judicial bureau to implement community correction.
According to the constitution, the people's court is not the superior of the public security department, and it has no right to instruct the public security organs to describe people who have not been tried by the court as prisoners. Before being tried by the court according to law, any citizen is at most a criminal suspect, not a prisoner. The people's court is the judicial organ of the state. Criminal cases can only be tried by the procuratorate, and civil cases can only be tried by the plaintiff. The process of hearing a case in a people's court is: court session, court investigation, evidence cross-examination, court debate, final statement of the parties, and collegial panel discussion on conviction and sentencing opinions. The case is not very complicated. After the collegial panel discusses the conviction and sentencing opinions, the presiding judge can pronounce the sentence in court. If the case is complicated, the presiding judge will announce an adjournment and decide on another day. The word "choose a date" may be a week, a month or even half a year, depending on the complexity of the case.
After the court sentenced him to fixed-term imprisonment, the defendant had 15 days to appeal, and one day was not enough. The problem is that after more than 10 or 14 days, the defendant couldn't figure out the result of the first trial and felt that the sentence was heavy and refused to accept it. He won't be sent to prison for execution until the result of the second trial comes out. A second trial is equivalent to a final ruling. If he still feels aggrieved, he can appeal to a higher court while serving his sentence in prison.
After the criminal suspect is arrested by the public security organ, after examination, there is evidence that the criminal suspect's behavior constitutes a crime and has violated the law. It shall be reported to the procuratorial organ for approval of arrest. The procuratorial organ shall question the criminal suspect and verify the criminal process of the criminal suspect. The public security organ will prosecute on behalf of the state after examining whether there is a confession of criminal inquiry.
If the case is simple, a verdict will be received soon. If the case is complicated and constitutes a gang crime, intentional injury or murder, the death penalty will drag on for a long time. On March 9, 2009, the sentence was less than 15 days. Even if it is passed, it depends on the situation of epidemic prevention and control. Prison may not accept it now.
Prisoners are not sent to prison immediately after being sentenced, but will be sent back to the detention center immediately after being sentenced, and the time spent in the detention center is counted as a sentence. If prisoners are not sent to prison immediately, some prisoners will appeal after being sentenced, and the first-instance judgment of prisoners who do not want to appeal will take effect ten days later. The detention center sends prisoners to prison in batches every month. If you don't appeal, you will be sent away soon. Of course, you have to work in prison, but life is better than in a detention center. So some prisoners expect to send themselves to prison one day earlier after being sentenced.
After the judgment of first instance was issued, in order to safeguard the rights of the defendant, according to the relevant provisions of the Criminal Procedure Law, the appeal period of the defendant, the defendant's defense lawyer and relatives was 10 day.
10 days later, the defendant, the defendant's defense lawyer and relatives had no objection to the judgment of the court of first instance, and then the court issued an execution order for the judgment of first instance, and the legal judgment officially came into force. The identity of the defendant became that of the criminal.
The execution order was served on the public security detention center where the defendant was detained, and the detention center sent the criminal to prison to serve his sentence.
After the judgment of the general court, those who have less than three months left in prison are released from prison.
Because the execution has not yet come down, the court sentenced the execution period to ten days, and they will come back after the execution.
Either the sentence is not long, and it will be sent in and out in a few months.
Or wait until the appeal period is over. Although he served his sentence in court and did not appeal, who knows whether the defendant (who can be called a prisoner at this time) will appeal his request the day before the fifteenth.