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Will college students be expelled from prison?
Will college students be expelled from prison?

Will college students be expelled from prison? As we know, college students are all adults, and everything they do in life needs to be responsible for their own actions. If they do something illegal and criminal, they will also be punished accordingly. See if college students will be expelled from prison.

Will college students be expelled from prison? 1 If a college student is punished for a crime, the school may or may not expel him.

1. Can a student be expelled after being sentenced?

Violating the criminal law of the state and constituting a criminal offence. The school may, at its discretion, be ordered to drop out of school or expel from school, but it is not necessary here. Therefore, the sentenced college students don't have to be expelled from school, but sentenced to probation, which shows that they have good repentance and less subjective malignancy. We can suggest that the school consider not expelling them for the time being from the perspective of educational salvation. It depends on the rules and regulations of the school and the consultation with the school.

Two. Types of property involved in criminal cases

The property involved in criminal cases is often called "stolen money" in judicial practice, and the principle of handling property involved in criminal cases in China is mainly reflected in the provisions of Article 64: "The property illegally obtained by criminals should be recovered or ordered to return compensation; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves. "

The term "property involved in criminal cases" as mentioned in this article includes: property illegally obtained by criminals, legal property of victims, contraband, personal property used for crimes and fines. The property illegally obtained by criminals can be the legal property of the victim, contraband or personal property used for committing crimes, or not, such as illegal income from illegal business operation and illegal medical practice.

In judicial practice, criminals' criminal income is illicit money, and the property that bribers intend to use for bribery is often regarded as illicit money, and even the tools used by criminals to commit crimes can be said to be illicit money. What exactly is the stolen money? There is no provision in China's criminal law, only in the Criminal Procedure Law: "After the judgment made by the people's court takes effect, the seized and frozen money, stolen goods and their fruits, except those returned to the victims according to law,

Confiscate them all and turn them over to the state treasury. The stolen money and goods here are still determined according to the judgment. Therefore, the subject of identification can be public security organs, procuratorial organs and courts, and the property involved in criminal cases that are meaningful to the people's courts is mainly described in Article 64 of the Criminal Law. Therefore, the characteristics of stolen money and stolen goods are stolen goods. It is only a procedural concept, and there is no need to make clear restrictions on what it includes.

Three, how to implement the criminal case judgment restitution

If a criminal judgment orders the defendant to make restitution, the victim may apply to the court for compulsory execution.

Will college students be expelled from prison? Will contemporary college students be expelled from school for criminal offences?

Contemporary college students will be expelled from school for criminal offences. According to Article 54 of the Regulations on the Administration of Students in Colleges and Universities, if a violation of national laws constitutes a criminal offence, the school may expel the students.

legal ground

Article 54 of the Regulations on the Administration of Students in Colleges and Universities

Schools should adhere to the combination of education and punishment, and adapt to the nature of students' violation of law and discipline and the severity of their faults. The school's punishment of students should be sufficient evidence, clear basis, accurate qualitative, due process and appropriate punishment.

Article 52 of the Regulations on the Administration of Students in Colleges and Universities

Students in any of the following circumstances, the school can be expelled from school:

(1) Violating the Constitution and opposing the Four Cardinal Principles, undermining stability and unity and disturbing social order;

(2) Violating national laws and constituting a criminal offence.

Will students be expelled from school if they break the law? It is a principle that administrative detention punishment generally does not apply to minors such as school students. If a student who has reached the age of 14 and is under the age of 18 steals, according to Article 12 of the Law on Public Security Administration Punishment, if a mitigated punishment is applicable, it may be reduced to no punishment. Even if mitigated punishment is applied to administrative detention, it cannot be mitigated, and it does not have Article 2 1 of the Law on Public Security Administration Punishment.

Sum of the first term

Under the circumstances specified in the second paragraph, administrative detention shall not be punished in accordance with the Provisions of Public Security Organs on Handling Cases of Juvenile Delinquency (for reference); Administrative detention should be given, and it is in line with Article 2 1 of the Law on Public Security Administration Punishment.

Sum of the first term

The second paragraph stipulates that there is no administrative detention.

Will college students be expelled from prison? 3. Will college students go to jail if they break the law?

A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but under the age of 16 commits the crimes of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.

Second, can college students go to school if they break the law?

College students violate the criminal law and cannot continue their studies after being released from prison. Because once college students violate the criminal law, they will be expelled from the original school.

According to Article 52 of the Regulations on the Administration of Students in Colleges and Universities, students may be expelled from school in any of the following circumstances:

(1) Violating the Constitution and opposing the Four Cardinal Principles, undermining stability and unity and disturbing social order;

(two) in violation of state laws, which constitutes a criminal offence;

(3) Being punished by public security administration, if the circumstances are serious and the nature is bad;

(4) taking exams instead of others or letting others take exams instead, organizing cheating, cheating with communication equipment or other equipment, selling exam questions or answers to others for profit, and other serious cheating or disturbing the order of exams.

Third, can college students go to school after being sentenced to probation?

Unless expelled from school, detention will not affect school.

The person sentenced to probation shall abide by the provisions of Article 75 of the Criminal Law of our country, and the criminal sentenced to probation shall abide by the following provisions:

(1) Abide by laws and administrative regulations and obey supervision;

(2) to report their own activities according to the provisions of the inspection organ;

(three) to comply with the provisions of the inspection organ on the reception of visitors;

(four) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval.

It can be seen that this regulation does not prohibit going to school, but if you need to leave the city or county where you live or move to school, you should report to the inspection organ for approval and abide by other regulations.