Deprivation of Political Rights

The Deprivation of Political Rights is an accessory punishment defined in the Criminal Law of the People's Republic of China (Article 34 of Chapter III), which can be enforced solely or with a principal penalty (e.g. capital punishment or life sentence) to limit the convicted person's right to be involved in political activities.[1] For those sentenced to a principle penalty with deprivation of political rights, the deprivation is effective during their time incarcerated and the duration as sentenced from the day of their release or parole. It is only automatically imposed on those sentenced to life imprisonment or death penalty. If the principle penalty is commuted, usually so will the deprivation of political rights. Political rights are not automatically deprived for prisoners, and those inmates who are not subject to this deprivation can and do still vote and theoretically can even be elected.

Political rights

As defined in the Criminal Law, political rights include:[2]

  • the right to vote and to stand for election;
  • the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
  • the right to hold a position in a State organization; and
  • the right to hold a leading position in any State-owned company, enterprise, institution or people's organization.

See also

  • Felony disenfranchisement

References

  1. "Criminal Law of the People's Republic of China". www.china.org.cn. Retrieved 2018-03-04.
  2. "中华人民共和国刑法-英汉对照法律英语". www.chinalawedu.com. Retrieved 2019-05-28.
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