SWB
FE/6331/BII/5
29 Jan 80
additionally deprived of their political rights. Most of these criminals have committed offences of the nature of contradictions among the people. Criminals sentenced to detention or fixed-term imprisonment of less than three years but given probation are also liable to be additionally deprived of their political rights. Probation is not applicable to counter-revolutionaries and repeat offenders. Some criminals who have committed offences of the nature of contradictions among the people can be deprived of their political rights. These include offenders of Article 143 who deprive another person of his personal freedom and of Article 145 who insult and libel another person. We must point out that we should not confuse the meaning of deprivation of political rights in the PRC Constitution and that in the criminal law. The former is a measure to exercise class dictatorship over the antagonistic elements of the overthrown class who have not been reformed. They are deprived of their political rights by the State whether they have committed crimes or not. Such a measure of class dictatorship is not applicable to the people. The latter is a punishment according to the criminal law and can be applied to counter-revolutionaries and criminals. It is applied according to the offences and the demands of the situation. Some criminals whose offences are only of the nature of contradictions among the people may also deserve this punishment for a period. This is because some of them may have very bad political qualities and they have used their political rights to commit crimes.
A person can be deprived of his political rights for a period of one to five years. If the period is too long, the criminal will not enjoy political rights even though he has served his sentence. This is unnecessary from both the view of educating and reforming criminals and of turning negative factors into positive ones. But the period should not be less than a year because if it is too short, it will be difficult for the deprivation of political rights to fully play its role as a form of punishment. When the death sentence has been reduced to a fixed term of imprisonment or when a sentence of life imprisonment has been commuted to a fixed term of imprisonment or parole, the period of additional deprivation of political rights should be three to 10 years. For those sentenced to surveillance and additionally deprived of their political rights, the period of both punishments should be equal and they should be served simultaneously.
Our criminal law states that deprivation of political rights takes effect on the day when the imprisonment or detention has been served or when the criminal is freed. Of course, a person is deprived of his political rights when he is serving his sentence. Since personal freedom is the prerequisite for political rights, prisoners cannot enjoy political rights whether or not they are additionally deprived of them. When a criminal is released after serving a sentence or is on parole, additional deprivation of political rights will be enforced by the public security organs where the criminal lives instead of by the prison or reform-through-labour organs. For a criminal who is punished with only a deprivation of his political rights, the enforcement of this punishment will be handed over by the people's court to the public security organs in the locality where the criminal lives. When the period of deprivation of political rights is over, the public security organ should notify the criminal and announce to the masses that he has regained his political rights.
Other Reports on Law and Order
Corrupt border guard imprisoned in Guangdong Canton, Guangdong provincial service reported on 21st January (2330 gmt) that Shenzhen people's court had held a rally to sentence five criminals. Last November, criminal
carried a lethal weapon and illegally emigrated. He stabbed a duty border defence militiaman. He was sentenced to five years' imprisonment, Criminal
illegally emigrated many times and refused to mend his ways despite repeated admonitions. He was detained for investigation and forced labour. He illegally emigrated again last August and was remanded. In the detention centre he dug a tunnel under a wall. He was sentenced to two years' imprison- a former Shenzhen border defence check point inspector, took advantage of his position and power to pervert justice for bribes and to cover up the smuggling activities of lawless persons. He was sentenced to four years' imprisonment.
ment.
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