What does probation mean, what does probation mean

There are four differences between suspended sentences and extra-prison sentences: 1. Extra-prison sentences are applicable to convicts sentenced to fixed-term imprisonment and short-term detention, while the scope of application of suspended sentences is smaller than that of extra-prison sentences. 2. The service of sentence outside of prison shall be subject to the statutory circumstances that hinder the execution of detention, that is, women who have serious illnesses and need to be released on medical parole, women who are pregnant or breastfeeding their own babies, etc.

Probation, on the other hand, is conditional on not endangering society anymore. 3. Enforcement outside of prison is an alternative enforcement method that is applied only after the judgment is confirmed, and can be applied during both the announcement of the judgment and the enforcement of the criminal punishment, and does not have a probationary period. On the other hand, a suspended sentence is a system of conditional non-execution of the original sentence, which can be announced at the same time as the sentence is imposed.

4. Once the conditions for the application of execution outside of prison disappear, they should be returned to prison for enforcement, and the difference is only that the place of enforcement is different. However, only if a new crime is committed or a crime is found to have been omitted, or a violation of laws, regulations, or relevant provisions is made during the probationary period, the suspended sentence can be revoked and the sentence returned to prison for enforcement, and the original sentence will not be enforced. Legal basis:

Article 72 of the Criminal Law of the People's Republic of China may give a suspended sentence to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (ii) Shows remorse; (iii) There is no risk of reoffending; (iv) The probation is not admirable in the community in which it resides. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Probation means that if there is no intentional offense during the probation period, the sentence will not be enforced.

For example, the court sentenced XX to 2 years in prison with a 3-year probation. This means that after the verdict is handed down, you don't have to go to jail, and if you don't intentionally commit a crime within 3 years, you don't have to serve that 2 years.

If you intentionally commit a crime within 3 years, you will be immediately imprisoned and punished for both crimes (including those 2 years in prison).

Up to two years, probation is a suspended sentence, and if you say three years of probation, you can even reduce the sentence if you do well in those three years.

There are two scenarios.

According to the description, a three-year suspended sentence is actually a probationary period, and if no new crime is committed within three years, the original sentence will not be enforced.

If a new crime is committed within three years, the suspended sentence shall be revoked and the sentence shall be served concurrently with the new crime.

Suspended sentence is one of the ways to enforce the sentence, if the sentence is 2 suspended 3, the offender does not have to serve his sentence in prison, can live and work normally, but must accept the supervision of the local public security organ, and must not violate the law within 3 years from the date of receipt of the enforcement notice, otherwise, the suspended sentence may be revoked and sent to prison to serve the original sentence (2 years). After 3 years, this is not the case.

2 years in prison.

Executed after 3 years.

However, under normal circumstances, if you have a good performance, you can reduce your sentence, and it will not take two years.

The sentence was improperly executed. Don't stay in jail.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific probationary body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period. During the period of probation, persons on probation shall comply with laws and administrative regulations and obey supervision in accordance with article 75 of the Criminal Law of the People's Republic of China; Report on their activities in accordance with the regulations of the inspection organ; Comply with the regulations of the inspection agency on receiving visitors; Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

At the same time, in accordance with the second paragraph of article 72 of the Criminal Law of the People's Republic of China, the announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific persons during the probationary period of the suspended sentence. Therefore, the provisions on the reception of guests during the probation period of the probation shall be based on the specific provisions of the investigating organ and the prohibitions announced at the time of the probation. The law stipulates that:

Article 75 of the Criminal Law of the People's Republic of China: Criminals who have been given a suspended sentence shall comply with the following provisions: (1) Abide by laws and administrative regulations and obey supervision; (2) Report on their own activities in accordance with the provisions of the inspection organ; (3) Comply with the regulations of the inspection organ on receiving visitors; (4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval. Article 72 of the Criminal Law of the People's Republic of China: A suspended sentence may be announced on the basis of the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

Suspended sentences are mainly for offenders who have violated the criminal law, who have been confirmed to have constituted a crime through legal procedures and should be punished by criminal punishment, to first be convicted and temporarily not to carry out the sentence imposed.

The conditions for the application of a suspended sentence are: for offenders sentenced to fixed-term imprisonment of less than three years or short-term detention, a suspended sentence may be declared if the following conditions are met at the same time, and a suspended sentence shall be declared for offenders who are under the age of 18 and are pregnant, or the elderly who are at least 75 years old;

1. The offender has shown remorse;

2. The circumstances of the crime are relatively minor;

3. There is no risk of recidivism;

4. If a suspended sentence is announced, the offender will not have a major adverse impact on the community in which he or she lives.

A suspended sentence may be announced on the basis of the circumstances of the crime, and at the same time, the offender must not enter a specific venue, engage in specific activities, or meet or communicate with a specific person during the probationary period of the suspended sentence.