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Will a person with a serious disease undergo a physical examination before being sentenced by the court?
Will a criminal suspect with a serious disease undergo a physical examination before the court sentences him?
Yes, before or after sentencing, if it is found that the criminal suspect may have a serious disease, the judicial authority will Arrangements will be made for diagnosis at a provincial hospital. If the conditions for execution outside prison are met, it will be handled according to the procedures. How to judge a criminal suspect who has a serious physical illness
Having a serious physical illness does not affect the sentence. When they are about to serve their sentence in the later stage, they will be given a physical examination. Those who should be admitted to prison will be admitted to prison. Those who do not meet the conditions for admission will apply for serving their sentences outside prison or on medical parole. Can a suspect who commits the crime of robbery be given a suspended sentence if he has a serious physical condition?
If the suspect who commits the crime of robbery has property worth less than 10,000 yuan, has a good repentance attitude, and excludes recidivism, he can seek a suspended sentence. , serious physical illness is not a legal reason for a suspended sentence.
The biggest difference between the crime of robbery and the crime of robbery is that the crime of robbery is the use of violence against property, while the crime of robbery is the use of violence against people. Therefore, the punishment for the crime of robbery in our country is lighter than that for the crime of robbery. So do you know how the crime of robbery is sentenced? The following brings you the latest sentencing standards for robbery crimes in 2018, for reference only.
One or three years of fixed-term imprisonment, criminal detention, control, or a fine alone
If the value of public or private property is more than 1,000 yuan and less than 10,000 yuan, the value of the robbery is 2,000 yuan. The base penalty is six months' imprisonment, and for each additional crime amount of 330 yuan, the sentence is increased by one month. If the crime amount is less than 2,000 yuan, the base penalty is criminal detention, surveillance, or a fine. For those who have a history of intentional crime or have one of the following circumstances, the fixed-term imprisonment of one year will be used as the base. For each additional circumstance, the prison term will be increased by six months. For every additional 170 yuan in the amount, the prison term will be increased by one month:
(1) Robbing the property of the disabled, the elderly, and minors under the age of fourteen;
(2) Robbing the property of people with disabilities, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, medical care etc.;
(3) Stealing more than three times within a year; (4) Using a moving motor vehicle to rob.
Sentencing of fixed-term imprisonment of not less than three years but not more than ten years
For robbing public or private property worth 10,000 yuan, the base sentence is three years in prison. For every additional crime amount of 500 yuan, the sentence will increase. One month. For those who rob public or private property worth more than 8,000 yuan and fall under one of the circumstances stipulated in Article 119, the base sentence is three years and six months in prison. For each additional stipulated circumstance, the prison term will be increased by one year.
Three. Sentencing of fixed-term imprisonment of more than ten years
For robbing public and private property worth 50,000 yuan, the base sentence is ten years in prison. For every additional 10,000 yuan in crime amount, the sentence will be increased by one. Year. For those who rob public or private property worth 40,000 yuan and fall under one of the circumstances stipulated in Article 119, the base sentence is ten years’ imprisonment. For every additional 10,000 yuan in crime amount, the sentence will be increased by six months. Will people with serious illnesses be given a lighter sentence if they break the law?
No, the basic principle of punishment is that the culpability is equivalent, that is, the greater the mistake, the greater the responsibility.
For those suffering from diseases, there are specialized medical institutions in the prison department. How to sentence a suspect in the crime of contract fraud who has a serious illness
Whether or not he is ill does not affect the sentence, but may affect the execution method (execution outside prison)
I have a serious illness and the other party If you file for divorce, will the court rule?
If one party is ill and wants a divorce, and there is no relationship breakdown, etc., the court will not allow the divorce! If you commit another crime while on bail awaiting trial, the court will judge how much the crime will be aggravated
1. If you commit a new crime while on bail awaiting trial, it will be tried together with the previous crime and punished concurrently.
2. The security deposit required for bail pending trial will be confiscated.
Legal provisions:
Article 69 of the "Criminal Procedure Law" Criminal suspects and defendants who are released on bail pending trial shall comply with the following provisions:
( 1) You are not allowed to leave the city or county where you live without the approval of the enforcement agency;
(2) If your address, work unit and contact information change, you must report to the enforcement agency within 24 hours;
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(3) Arrive promptly at the summons;
(4) Shall not interfere with witnesses’ testimony in any form;
(5) Shall not destroy, falsify evidence or Conspiracy.
The People's Court, People's Procuratorate and public security organs may, based on the circumstances of the case, order criminal suspects or defendants who have been released on bail pending trial to comply with one or more of the following provisions:
(1) Not allowed to enter specific places;
(2) Not allowed to meet or communicate with specific people;
(3) Not engaged in specific activities;
(IV) ) Submit passports and other entry-exit documents and driving licenses to the enforcement agency for storage.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid a deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, the criminal suspect or defendant shall be ordered to declare repentance and pay a new deposit. deposit, provide a guarantor, or place them under residential surveillance or arrest.
For those who violate the regulations on bail pending trial and need to be arrested, the criminal suspect or defendant may be detained first. Can the sentence be changed if the party sentenced to one year has a serious illness?
The sentence cannot be changed.
The penalty that should be imposed on a party should be determined based on the facts of the party's crime, the social harm caused, and the party's attitude of confession and repentance. It has nothing to do with the party's personal physical condition and cannot be based on the party's illness. The punishment should be changed due to serious illness.
However, if a party sentenced to one year in prison by the court develops a serious illness and needs to be released on medical parole, he can temporarily serve his sentence outside prison: before the execution is delivered, the temporary execution outside prison will be decided by the people's court that delivers the execution. ; After being handed over for execution, the prison or detention center must submit a written opinion for temporary execution outside prison and submit it to the prison management agency at or above the provincial level or the public security agency at or above the level of a districted city for approval.
"Criminal Procedure Law"
Article 254 A criminal who is sentenced to fixed-term imprisonment or criminal detention may be temporarily sentenced to serve his sentence outside prison under any of the following circumstances:
(1) Those with serious illnesses who need to be released on medical parole;
(2) Women who are pregnant or breastfeeding their own babies;
(3) Those who cannot take care of themselves, Temporary execution outside prison is applicable if it will not harm society.
If a criminal sentenced to life imprisonment falls under the circumstances specified in Item 2 of the preceding paragraph, his sentence may be temporarily served outside prison.
Criminals who may be dangerous to society if they are eligible for medical parole, or criminals who injure themselves, are not allowed to be released on medical parole.
If the criminal is indeed seriously ill and must be released on medical parole, the hospital designated by the provincial people's government shall diagnose the criminal and issue a certificate.
Before the execution is handed down, the temporary execution outside prison shall be decided by the people's court where the execution is handed down; after the execution is handed down, the prison or detention center shall submit a written opinion and report it to the prison management authority at or above the provincial level. or approved by the public security organs at or above the level of a districted city. Should people with mental illness be sentenced for committing crimes?
This requires forensic identification to determine. Netizens’ explanation
is for reference only. Good luck!
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