Conditions for serving a sentence in a detention center

A criminal sentenced to fixed-term imprisonment shall serve his sentence in a detention center if his remaining sentence is less than one year before delivery for execution. When a criminal is committed for execution, the people's court that committed him for execution shall serve the relevant legal documents on the prison or other executing organs.

Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put in prison for execution by public security organs. For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than one year before being handed over for execution, the detention center will execute it on their behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.

Juvenile delinquents should be punished in juvenile reformatory.

What is a detention center?

Guard) refers to a criminal suspect suspected of a criminal offence, and the court has not yet made a judicial decision to temporarily detain the criminal suspect. Organs of criminal suspects who have been arrested and criminally detained 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.

The detention of a criminal suspect in a detention center shall be based on the arrest warrant held by the dispatched agency, the criminal detention certificate of a public security organ or a state security organ at or above the county level, or the certification documents of a public security organ, a state security organ, a prison, a reform-through-labor organ, a people's court or a people's procuratorate at or above the county level to hunt down and escort the criminal suspect. If there is no such certificate, or the record of the certificate is inconsistent with the actual situation, it will not be taken into custody.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 264 If 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 executing 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.