-
Anonymous users2024-02-06Fines have nothing to do with probation, and fines are penal methods that compel offenders to pay a certain amount of money to the state. As a kind of property punishment, the fine is to deprive the offender of money, which is a significant difference between fines and other criminal punishments.
-
Anonymous users2024-02-05If the court does not award a fine, it does not have to be paid.
Lawyer Zhou Bin of Jiangsu.
-
Anonymous users2024-02-04Whether the sentence is suspended and whether the fine is paid will be written in the verdict. There is no necessary connection between the two.
-
Anonymous users2024-02-03A suspended sentence does not necessarily require the payment of a fine, and there is no necessary link between a suspended sentence and a fine. Where the offender has been sentenced to up to three years imprisonment, and the circumstances are not serious, and the attitude of admitting guilt is good, a suspended sentence may be applied. Whether or not a fine must be paid after a suspended sentence is determined according to the verdict.
How to pay the fine.
1. The fine can be paid at the relevant department with the judgment after the judgment. If the fine is paid before the verdict, it will be considered to be a sincere admission to the guilt to a certain extent, and the offender may be appropriately mitigated.
2. The fine can be paid by oneself or by others. After the judgment takes effect, the offender must pay the fine, which may be paid in a lump sum or in installments within the prescribed time. If the payment is still not made after the prescribed time, the court may take compulsory measures to require the payment to be made.
[Legal basis].Article 52 of the Criminal Law of the People's Republic of China.
Discretion on the amount of fines] When a fine is awarded, the amount of the fine shall be determined on the basis of the circumstances of the crime.
Article 53.
Payment of fines] Fines shall be paid in one lump sum or in installments within the time limit specified in the judgment. If the payment is not made at the expiration of the time limit, the payment shall be compulsory. Where the fine cannot be paid in full, the people's court shall recover it at any time if it discovers that the person subject to enforcement has property that can be enforced.
Where there is genuine difficulty in making payments due to irresistible disasters or other reasons, upon the people's court's ruling, payment may be postponed, reduced or waived as appropriate.
-
Anonymous users2024-02-02Legal Analysis: If a suspended sentence is handed down and a fine is imposed, a fine must be paid. If you don't have a fine, you don't have to pay it.
However, even if a fine is paid, it is not in exchange for probation. Rather, it is punishable by a penalty penalty. So there is no correlation between probation and fines.
Legal basis: Criminal Law of the People's Republic of China Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions 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;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person 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.
Based on the actual circumstances, during the period of probation, no further suspended sentence may be given, and based on the actual circumstances, where relevant legal provisions are violated during the period of probation, the suspended sentence is to be revoked and the actual sentence to be enforced in accordance with the provisions of law. >>>More
It is difficult to say how the court will sentence, and a suspended sentence is also possible, and it is not unlikely. Good luck to your friends!
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the victim's or the victim's close relatives' forgiveness, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending further investigation if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial departments "may" or "shall" apply release on guarantee to the criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More
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 investigation body conducts an examination of a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available. >>>More
Open a department store and supermarket, what tax to pay, depending on what you have, different photos pay different taxes, individual taxes, small-scale taxpayers pay 3% VAT, general taxpayers pay 17% VAT but can deduct input tax, and there is 11% tax on this amount after paying VAT. 25% corporate income tax is also paid on quarterly profits.