Can children of soldiers and criminals get married? Hello, marriage is based on feelings. If the marriage law does not prohibit it, you can get married in principle. I wonder if there are any special rules for married soldiers.
Children of former criminals can take the exam, and the procuratorate can apply for it. ...
Law on Public Prosecutors: Article 1 1 The following persons may not be public prosecutors:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office.
Civil servant law:
Twenty-fourth the following persons shall not be employed as civil servants:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office;
(three) there are other circumstances in which the law stipulates that it is not allowed to be employed as a civil servant.
And referring to the recruitment brochures of various places, there is no relevant prohibition.
Can a criminal sentenced for corruption, bribery, embezzlement of property, misappropriation of property or disruption of the socialist market economic order be the chairman of the board? If not, you can also be a shareholder. But in any case, the chairman should not, because he can't perform his duties.
Can a criminal get a reduced sentence after being sentenced to one year in prison?
Commutation can be reduced, but the minimum sentence can not be less than half a year. First, what is commutation? Commutation refers to a criminal law enforcement activity that appropriately reduces the original sentence. Commutation in a narrow sense refers to the criminal judicial activities of the people's court to reduce the original sentence of a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment according to law, when there are legal circumstances for commutation, which are proposed by the organ responsible for executing the penalty; Commutation in a broad sense refers to the criminal judicial activities of the people's court to reduce the original sentence in accordance with the law at the request of the organ responsible for executing the penalty when there are statutory mitigating circumstances, including not only commutation in a narrow sense, but also a two-year suspension of execution of the death penalty after commutation of the main penalty, fines, probation and additional deprivation of political rights.
Second, the types and conditions of commutation
According to Article 78 of the Criminal Law, commutation can be divided into commutation and non-commutation. The material and boundary conditions that can be commuted are the same as those that should be commuted, but the substantive conditions are different. To apply commutation to criminals, the following conditions must be met:
1. object condition
Commutation is only applicable to criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment. Criminals sentenced to one of the above four punishments, whether their crimes are intentional or negligent, felony or misdemeanor, crime of endangering national security or other criminal crimes, can reduce their sentences as long as they have the statutory conditions for reducing their sentences.
Commutation can only be applied to specific objects. According to Article 78 of China's Criminal Law, commutation applies to criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment. Public surveillance, criminal detention, fixed-term imprisonment and life imprisonment here all belong to the category of free punishment. Among them, control is the punishment of restricting freedom; Criminal detention, fixed-term imprisonment and life imprisonment are all deprivation of liberty. It can be seen that commutation in China's criminal law mainly refers to shortening the execution period of free punishment, which is different from other commutation systems in penalty execution.
In the execution of other punishments, there are also problems of mitigating punishment such as reprieve and commutation. As mentioned earlier, the commutation with a reprieve is due to the fact that criminals did not intentionally commit crimes during the reprieve period, so the types of punishment have changed, and the death penalty has been changed to life imprisonment or fixed-term imprisonment. Although this kind of commutation with a reprieve also has the nature of commutation, it is one of the contents of the reprieve system, which is different from the commutation system in China's criminal law. Of course, after the death penalty is commuted to life imprisonment or fixed-term imprisonment, it can be regarded as commutation if it meets the conditions for commutation.
Does the fine penalty also involve commutation in execution? Article 53 of China's criminal law stipulates that if it is really difficult to pay fines due to irresistible disasters, it may be mitigated or exempted as appropriate. However, the reduction of this fine is not due to the repentance or meritorious service of criminals, but to the flexible execution measures taken according to their actual affordability. In addition, deprivation of political rights also has the problem of commutation in execution. Paragraph 2 of Article 57 of China's Criminal Law stipulates that when the suspended execution of death penalty is reduced to fixed-term imprisonment or life imprisonment is reduced to fixed-term imprisonment, the additional period of deprivation of political rights should be changed to less than three years 10 year. However, this is only the adjustment of the supplementary punishment with the reduction of the principal punishment, not the commutation in the usual sense.
2. Substantive conditions
The substantive conditions of commutation vary according to the type of commutation.
The essential condition for "being able to" reduce the sentence is that the prisoner earnestly abides by the prison regulations, accepts education and reform, and does repent or perform meritorious service during the execution of the penalty. Generally speaking, criminals' repentance and meritorious service in prison are unified. However, some criminals show repentance without meritorious service, or have meritorious service without outstanding repentance. According to the criminal law, repentance or meritorious service are conditions for commutation. As long as a criminal has one of them, his sentence can be reduced. Of course, if you have both repentance and meritorious service, you can give a larger commutation within the statutory commutation limit.
The essential conditions of commutation refer to the essential conditions that the law must have for criminals to commute their sentences. Only when this condition is met can the sentence be reduced. According to the provisions of China's criminal law, commutation can only be applied to criminals who do repent or make meritorious deeds during the execution of punishment. This is a basic element of the application of commutation. The reason why it is called substantive requirement is determined by the purpose and purpose of commutation in China. The purpose of applying commutation in socialist countries is to affirm the reform achievements of criminals, encourage them to continue their efforts to reform, and gradually reduce or even eliminate the subjective malignancy of criminals so that they will no longer endanger society. Whether the subjective viciousness of criminals is reduced or even eliminated depends on whether the criminals repent or perform meritorious service in the process of penalty execution.
Therefore, China's criminal law only regards whether the criminal has repented or rendered meritorious service as the most fundamental substantive element of commutation. Chinese scholars also refer to this condition as subjective condition, pointing out that criminals must truly repent or perform meritorious service during the execution of punishment, which is the subjective condition for commutation. Judging from the legislative purpose of commutation system, commutation itself aims to use the authoritative power of penalty evaluation means to affirm the reform achievements of criminals, guide and motivate them to continue their efforts, and at the same time spur other criminals through the power of example to promote the progress of all prisoners. This formulation of subjective conditions shows that repentance is the reduction of subjective malignancy of criminals, which has certain basis. However, repentance and meritorious service are both objective manifestations of criminals, which are called subjective conditions and are easy to be misunderstood. To this end, we tend to take repentance or meritorious service required by law as the substantive condition of commutation.
3. Limit conditions
The limit of commutation refers to the minimum sentence that criminals should actually execute after commutation.
According to Article 78 of China's Criminal Law, the limit of commutation is: the actual sentence after commutation, if sentenced to public surveillance, criminal detention or fixed-term imprisonment, cannot be less than1/2 of the original sentence; Sentenced to life imprisonment for not less than 13 years; The people's court shall, in accordance with the provisions of the second paragraph of Article 50 of the Criminal Law, limit the commutation of a death sentence with a suspension of execution for not less than 25 years after the expiration of the suspension of execution and not less than 20 years after the expiration of the suspension of execution.
2065438+In February 2004, the Central Political and Legal Committee issued the Opinions on Strictly Regulating Commutation, Parole and Temporary Execution outside Prison to Effectively Prevent Judicial Corruption, stipulating that after three types of criminals are sentenced to death with a reprieve, the minimum sentence after commutation will be extended by five years, with a minimum of not less than 22 years.
The reason why the criminal law stipulates the limit of commutation is mainly because it is necessary to ensure the realization of the crime prevention purpose of the criminal law. The purpose of criminal law is the unity of general prevention and special prevention. Although the realization of general prevention and special prevention will be emphasized in different stages of criminal proceedings, we can't ignore or even sacrifice the realization of another purpose in order to simply pursue the realization of one purpose. Commutation system plays an important role for criminals to actively accept education and reform, eliminate their subjective malignancy and personal danger as soon as possible, and then achieve the purpose of special prevention in criminal law.
However, if there is no restriction on commutation, only a short sentence will be imposed on criminals, which will inevitably reduce the deterrent power of criminal punishment and weaken the effect of general prevention; Moreover, the execution time of criminal law is too short to eliminate the subjective bad intentions of criminals, and it is difficult to achieve the purpose of special prevention in the end. In addition, allowing unlimited commutation is not conducive to maintaining the authority and seriousness of court decisions.
To understand the boundary of commutation, it is necessary to scientifically define the meaning of "actually executed sentence" in Article 78 of China's Criminal Law. In this regard, theoretical circles have always had different views: some think that the actually executed sentence refers to the time that criminals serve their sentences in prison; Some people think that the actual execution of the sentence includes not only the time served in prison, but also the detention time before judgment.
Third, make meritorious service
Article 78 of China's Criminal Law stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he can conscientiously abide by prison regulations and receive education and reform during the execution period, and if he truly repents or makes meritorious deeds; Those who have made significant meritorious service shall have their sentences reduced. However, "those who have made inventions or made major technological innovations" are deemed as "those who have made significant meritorious service", and their sentences should be reduced according to the provisions of the Criminal Law.
The most important basis for identifying "invention and creation" is to obtain national patent certification. Therefore, the invention and creation and obtaining the national patent certification is one of the bases for the court to decide whether to grant a reduced sentence.
At the same time, as far as the types of prison inventions are concerned, almost all prisoners' patents are utility model patents. According to the provisions of China's patent law, the types of invention patents include inventions, utility models and designs. Among them, in terms of scientific and technological content, technical requirements and examination and certification procedures, invention patents are the most difficult to apply for, followed by utility model patents, which are relatively easy. The above patents of Nan Yong, Liang Jianxing, Lou Weigang and Chen Jianping are all utility model patents.
The difference between utility model patent and invention patent, in definition, utility model patent is also called small invention or small patent, which refers to a new technical scheme with practical value for the shape, structure or combination of products, and belongs to small inventions with low cost and short development cycle. Invention patent refers to the technical scheme put forward by the inventor to solve specific problems by using the laws of nature. The utility model patent is a product with a certain shape, which pays attention to the practicality of the product. Invention patent is a technical method, which focuses on creativity.
As far as the examination procedure is concerned, the state implements a preliminary examination system for utility model patents, that is, the examination Committee examines the formal issues in the application documents and whether they belong to the protected object of utility model patents, and can authorize them through preliminary examination. After the preliminary examination stage, there are publication stage and substantive examination stage. The substantive examination will comprehensively examine whether the patent application is novel, creative and practical and other substantive conditions stipulated in the patent law.
Can three types of criminals be released on parole if their sentences are more than half? If so, only criminals sentenced to fixed-term imprisonment or life imprisonment can apply the parole system, and during the execution of the penalty, they earnestly abide by the prison regulations, receive education and reform, and do show repentance. However, people sentenced to death with a suspended sentence cannot be released on parole directly. Parole can only be granted after the death sentence is commuted to life imprisonment or fixed-term imprisonment. Criminals sentenced to fixed-term imprisonment can only be released on parole if the original sentence exceeds 1/2, and criminals sentenced to life imprisonment can only be released on parole if the actual sentence exceeds 13.
Criminal cases are more complicated and the professional requirements for lawyers are more stringent. In view of all kinds of detailed problems encountered in practice, lawyers' thinking mode and handling experience are particularly important. If you encounter problems, it is recommended to consult a professional lawyer to avoid being misled.
Can criminals run for the village committee? Villagers' committees are grass-roots mass autonomous organizations. As long as they are over 18 years old and have not been deprived of their political rights because of crimes, they can participate in the election. Therefore, if criminals are not deprived of political rights, they can participate in the election of village cadres after serving their sentences.
Can the criminal's sister meet someone she can't meet while in the detention center? She can only send money and clothes. You can't be interviewed until the sentence is handed over to prison. However, they can communicate with each other during the detention center (the content cannot involve cases). Never give up.
Can a criminal be convicted if he admits it but the evidence is insufficient? Personally, I think the evidence is insufficient and should not be convicted. Otherwise, you can choose to ask a lawyer about this phenomenon in the legal consultation bar.
Can criminals do notarization? 1. Criminals can do notarization.
Two, nine cases shall not be notarized.
The Notarization Law also stipulates nine situations in which notarization is not allowed: a person without civil capacity or a person with limited civil capacity has no guardian to apply for notarization; The parties concerned have no interest in the matters for which notarization is applied; Matters applying for notarization belong to professional technical appraisal and evaluation matters; The parties have disputes over notarization matters; The parties fabricate or conceal facts, or provide false proof materials; The evidential materials provided by the parties are insufficient or refuse to supplement the evidential materials; The matters applied for notarization are untrue and illegal; Matters applying for notarization violate social morality; The party concerned refuses to pay the notarization fee as required.