What is deportation from ? Some friends may be unfamiliar with this additional sentence . Indeed, this additional punishment does not sound often, so let’s learn it together.
According to the provisions of of the Chinese Criminal Law, additional punishment, also known as subordinate punishment, is the applicable punishment method for supplementing main punishment . Additional punishment can be applied both additionally and independently. When additional sentences are applied, more than two additional sentences can be applied to one crime at the same time.
There are 9 types of punishment in my country's criminal law. Among them, there are five main types of punishments, including control, detention, fixed-term imprisonment, life imprisonment and death penalty. There are four additional types of penalties, including fines, deprivation of political rights, confiscation of property and deportation.
Definition and scope of application
Deportation is a criminal law that is only suitable for foreigners. To put it bluntly, drives those who are not honest, do things well, and do things wrongly on the land of China to . But deportation is much more serious than what is said (repelling back). Let’s analyze the issues that we don’t understand one by one.
1. Execute the main sentence first or expel it first?
According to the law, fixed-term imprisonment is the main punishment, and deportation is an additional punishment applicable to foreigners who commit special crimes. The two are in parallel. First, the fixed-term imprisonment is executed, and then deportation is deported.
That is to say, if a foreigner is sentenced to the main sentence (except for death penalty) in our country and is deported at the same time, he should be deported after the main sentence is executed.
So in this case, Wu Yifan, is to execute the sentence in Chinese prisons , serving 13 years in prison, and deported after being released from prison. The execution time of additional sentences for
is different, such as fines and confiscation of property, which are executed immediately after the judgment takes effect.
However, deprivation of political rights is different from deportation. They need to wait until the main sentence is executed before they can be executed.
Otherwise, the sentence of fixed-term imprisonment will have no meaning.
2. Where to execute the main sentence?
Foreigners were sentenced to deportation for crimes in China, and they should be sentenced to be deported before leaving the country.
Since Wu Yifan served his sentence in Chaoyang Court in Beijing, he would basically serve his sentence in Beijing. The corresponding executive authority is the public security organ in Beijing.
As of now, there are 19 detention places in Beijing. Excluding 15 such as women's prison, juvenile custody office , etc., there are still 4 prisons left, namely Beijing Prison, Beijing Second Prison, Yanqing Prison and Liangxiang Prison.
Among them, Yanqing Prison is a medium-sized prison that mainly detains male elderly, sick and disabled criminals, and is likely to be ruled out.
Beijing Prison has a long history and is a "century-old brand" prison. But if you don’t detain foreigners, Wu Yifan doesn’t have the qualifications. Of course, the prison left by his ancestors must be left to our own people.
is followed by Beijing's Second Prison, which is a prison for major criminals. It mainly detains criminals with life imprisonment and death penalty for two years. Wu Yifan's sentence is 13 years, and he is likely to not be detained in the prison for serious criminals.
Finally, Liangxiang Prison, which is responsible for the task of detaining adult male criminals with remaining sentences of 10 to 15 years. Therefore, Wu Yifan is likely to be imprisoned in this Liangxiang Prison.
3. When will you leave the country?
Of course, the easiest thing to know is, of course, 13 years later.
Chinese law has the following provisions:
If a foreigner is sentenced to fixed-term imprisonment and deportation at the same time, the competent department of the former detention prison shall send the original judgment, copy or copy of the execution notice of the offender to the provincial public security organ where he is located one month before the expiration of the deadline, and then the public security organ designated by the provincial public security organ shall execute the deportation and include it on the list of those who are not allowed to enter, and announce the period of no entry to him before execution.
For the period of unauthorized entry, we can refer to the provisions of the " Provisions on the Procedures of the Public Security Organs for Administrative Cases ". According to Article 251 of the provisions, foreigners who are deported will not be allowed to enter within ten years from the date of their deportation.
This is just a deportation for administrative cases, and Wu Yifan is involved in criminal cases, and his age will not be lower than this period, which means he must have more than 10 years.
plus the 13-year prison sentence he sentenced to, and if he wants to come back, he will have to wait 23 years later.
In life, you must be respectful and be cautious in your own actions at all times in order to stop.
If you don’t have a sense of awe, you will do whatever you want.
As the saying goes, "Man is doing it, God is watching."
This day is cause and effect.
If you have any opinions or ideas about this, you can talk about it in the comment section.
