Penalties for offences committed during parole

The probationary period is not counted, it is a new crime added to the remaining sentence, and then combined enforcement, see case. （

He will be sentenced to 15 years in conjunction with the previous offence, and then the sentence he has already served will be reduced, which is the remainder of his sentence. I don't know if you see it.

In accordance with relevant legal provisions, criminals who have been released on parole and commit new crimes during the probationary period of parole shall have their parole revoked, and punishment for multiple crimes shall be combined in accordance with the relevant provisions of the Criminal Law.

The relevant laws provide for the Criminal Law of the People's Republic of China

Article 86: Where criminals released on parole commit new crimes during the probationary period for parole, their parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of this Law.

Where, during the probationary period for parole, it is discovered that the criminal on parole had other crimes that had not been convicted before the verdict was announced, the parole shall be revoked and punishment for multiple crimes shall be combined in accordance with the provisions of article 70 of this Law.

Where a criminal on parole has conduct that violates laws, administrative regulations, or the public security department's provisions on the supervision and management of parole during the probationary period of parole, and has not yet constituted a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

Five of the 10 years have been executed, with five years remaining, and the penalty for the new crime is five years.

Mine is minus first and then merge.

"Reduction" means that the sentence that has actually been served is reduced to 5 years, and there are 5 years left in the sentence that have not been served.

It is a sentence of 5 years that has not been served and a new sentence of 5 years. The probationary period cannot be used to combine penalties. I didn't figure out the concept of the landlord.

Additional Questions:

That's right. A sentence that has been served refers to a sentence that has actually been served.

Yes, it doesn't count.

It's a total of 10 years.

The probation period does not count as a restart

Article 71 of the Criminal Law clearly stipulates: "If, after the reading of the verdict is announced, but before the execution of the sentence is completed, the convicted criminal commits another crime, a judgment shall be made for the new crime, and the punishment for the previous crime that has not been carried out and the punishment for the subsequent crime shall be combined in accordance with the provisions of Article 69 of this Law." "Article 81, paragraph 1, clearly provides:

Where a criminal who has been released on parole commits another crime during the probationary period of parole, his parole shall be revoked, and punishment for multiple crimes shall be combined in accordance with the provisions of Article 71 of this Law. "According to these two provisions, as long as a criminal released on parole commits another crime during the probationary period of parole, regardless of whether the new criminal act is discovered during the probationary period of parole, the parole shall be revoked and the new offense shall be judged, and the punishment for the previous crime and the sentence imposed for the subsequent crime shall be combined in accordance with the provisions of article 69 of the Criminal Law. Sentences that have already been served are not included in the sentence determined in the new judgment.

Criminals who have been released on parole do not have the circumstances provided for in article 86 of the Criminal Law during the probationary period of parole, that is, they have not committed new crimes or omitted crimes, or have not violated laws, administrative regulations, or the supervision and management provisions of the public security department on parole, and the probationary period of parole is completed, it is considered that the original sentence has been executed.

Where a criminal who has been released on parole commits a new crime during the probationary period of parole, or discovers that he is stupid, and has other crimes that have not been convicted before the verdict is announced, parole shall be revoked, and the punishment for multiple crimes shall be combined in accordance with the provisions of articles 70 and 71 of the Criminal Law.

Where, during the probationary period of parole, criminals on parole have conduct that violates laws, administrative regulations, or the public security department's provisions on the supervision and management of parole, and has not yet been constituted and incorporated into a new crime, parole shall be revoked in accordance with legally-prescribed procedures, and the sentence that has not been completed shall be returned to prison for enforcement.

If, after the completion of the probationary period of parole, it is discovered that a criminal on parole has committed a new crime during the probationary period of parole, as long as the statute of limitations for prosecution has not expired, the parole shall also be revoked in accordance with the relevant provisions of article 86 of the Criminal Law, and the punishment for the previous crime that was not carried out and the punishment for the subsequent crime shall be given

Punishment for recidivism during the period of parole: Where a person commits another crime during the period of parole, parole shall be revoked, and the punishment for multiple crimes shall be combined in accordance with the provisions of article 71 of the Criminal Law.