Is going to jail necessarily going to jail?

The so-called imprisonment is generally divination, and it is not necessary to go to jail. Prison is a criminal punishment. After the people's court sentenced the criminal suspect, the criminal suspect became a criminal. To go to prison is to serve time in prison. Criminal punishment is a violation of criminal law and should be punished by criminal law, which is called punishment for short. According to the provisions of China's criminal law, punishment includes two parts: principal punishment and supplementary punishment. The main punishments are: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Additional punishments include: fines, deprivation of political rights and confiscation of property; There is also the expulsion of criminals.

Criminal punishment is mainly personal punishment and property punishment, but the main body is personal punishment. The specific situation is:

First, 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 criminal law, (1) the control period is more than 3 months and less than 2 years. (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. (four) after the expiration of the control period, the executing organ shall immediately announce the cancellation. (5) The period of control 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 criminal system, criminal detention is a principal punishment between public surveillance and fixed-term imprisonment, which has the following characteristics: 1, and 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 their 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 of depriving criminals of their freedom of life and forcing them to reform through labor.

5. Death penalty: It is a penalty method to deprive criminals of their lives, including immediate execution and suspended execution. 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.

Second, additional 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. There are two situations in which people's courts impose fines on crimes: first, unit crimes. If a unit commits a crime, the people's court may impose a fine on the unit; Second, criminals. To impose a fine on a criminal, one of two ways can be adopted: a single fine and a combined fine. A single fine for criminals is aimed at criminals whose crimes are minor and do not need to be sentenced to free punishment. Imposing a fine on a criminal means imposing a fine on a criminal who must be sentenced to fixed-term imprisonment or above. The specific provisions of the criminal law do not stipulate the amount of punishment for criminals, and the specific amount should be determined according to the circumstances of the crime. If a criminal is sentenced to a fine, the criminal or his relatives shall pay it in one lump sum or in installments according to the amount determined in the judgment within the specified time limit. If the fine is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the criminal has executable property. Only in the event of an irresistible disaster can the people's court reduce or exempt the fine as appropriate.

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 personal property of criminals. 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.

In addition, military courts can punish soldiers by depriving them of honorary titles or medals according to law.

The punishment in our country can only be stipulated by the criminal law, and no other law has the right to stipulate the punishment system except the criminal law. Moreover, the types of punishment are arranged in the order of light to heavy, and the people's courts must punish them according to these punishment methods and conditions, ranges and methods.

legal ground

Article 2 of the Prison Law stipulates that a prison is the state's penalty execution organ. According to the provisions of the Criminal Law and the Criminal Procedure Law, criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall execute their sentences in prison.