10 days. If, after trial, it is considered that his behavior can be sentenced to probation, he will not be put into prison according to law, and a new guarantor can be provided for handling during the later probation period. If he commits a crime, he will be thrown into prison immediately. The judgment made by the court of second instance is the final judgment with legal effect, without any conditions attached, and the law does not stipulate that it must be served on the parties as an effective condition.
Under normal circumstances, it should take about a month to be sent to prison after the judgment takes effect. The appeal period is within ten days from the date of judgment, and the judgment will take effect ten days later. After the judgment comes into effect, the court will issue corresponding execution documents to the detention center within ten days, and then the detention center will transfer them to the prison. However, it will take some time for the detention center to wait until a certain number of people are transferred to prison in batches. Of course, if the remaining sentence is less than three months, it will be executed directly in the detention center without being transferred to prison. The detention center will allocate prisons according to the age and number of years served. For example, a person sentenced to 1 year spent half a year in a detention center, with only the second half of his sentence left. The detention center will choose to stay in the detention center to serve his sentence. No matter how many years they are sentenced, those who need to serve their sentences 1 year or more, 18 years old or younger are assigned to juvenile detention centers, and 18 years old or older are assigned to adult prisons.
Effective time of judgment
In China's judicial practice, the final judgment of the second instance is executed, and the judgments of the first instance and the second instance have different effects.
1, civil judgment of first instance. According to the first paragraph of Article 164 of the Civil Procedure Law, "if a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served." The appeal period is 15, so the first-instance judgment takes effect after the appeal period, that is, 15.
2. Administrative judgment of first instance. The judgment of the first instance is that no appeal will be made within 15 days after the receipt of the judgment, and it will take effect automatically.
3. Criminal judgment of first instance. The judgment of first instance is that if there is no appeal within 10 days after receiving the judgment, it will automatically take effect.
4. Judgment of second instance. The system of final adjudication of second instance means that the second instance is the final instance, and there is no such thing as an appeal of second instance. Therefore, the civil, administrative and criminal judgments of the second instance will take effect as soon as they are delivered.
If both parties fail to collect it at the same time, the appeal period shall be calculated separately. If the appeal period is a legal holiday, the calculation shall be postponed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 253 of the Criminal Procedure Law of People's Republic of China (PRC). When a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other enforcement 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.
A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued a release certificate by the executing organ after the expiration of his execution.