Can a suspended sentence be imposed during the probation period?

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.

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

Article 76: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence during the probationary period of the suspended sentence, and if there are no circumstances provided for in article 77 of this Law, the probationary period of the suspended sentence is completed, and the original sentence is not to be enforced, and a public announcement is to be made.

Article 77: Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the new crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.

Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.

Article 69: Where a person commits multiple crimes before the judgment is announced, except where the death penalty or indefinite imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, short-term detention must not exceed one year, and fixed-term imprisonment must not exceed 20 years.

If a supplementary sentence is imposed for several crimes, the supplementary sentence must still be enforced.

Actively conduct civil mediation with the other party's family, and if the mediation can be resolved and the issue of civil compensation can be resolved, it is very likely that a suspended sentence will be imposed. You did not commit an intentional crime in the next time, and there is no law that requires a real sentence.

1. You have committed the crime of causing a traffic accident.

2. The suspended sentence being served should be revoked, and the punishment should be combined with the crime of causing a traffic accident, and the final sentence should be decided, and if the sentence to be enforced is less than three years, it is still possible to give a suspended sentence. Your active participation in the rescue** and your initiative to compensate can be used as a discretionary circumstance in sentencing.

See Penal Code:

Article 77:Criminals who have been given a suspended sentence are to be given a probationary period of probation.

Where a new crime is committed or it is discovered that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked and a judgment shall be made for the newly committed crime or newly discovered crime.

The punishment imposed for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.

If there is a crime after a suspended sentence, the sentence will be increased, that is, the punishment for several crimes will be combined, and the suspended sentence will be removed at the same time. Where a new crime is committed during the probationary period of a suspended sentence, or where it is discovered that there are other crimes before the verdict is announced, the suspended sentence shall be revoked, and the people's court's ruling to revoke the suspended sentence shall take effect immediately upon making it.

[Legal basis].Article 77 of the Criminal Code.

Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, and a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law. Where a person who has been given a suspended sentence violates laws, administrative regulations, or the provisions of relevant departments on the supervision and management of suspended sentences, or violates the injunction in the judgment of a people's court, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

Legal Analysis: Where a criminal who has been given a suspended sentence commits a new crime within the period of probation or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined to be enforced. Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or the provisions of the relevant departments on the supervision and management of suspended sentences during the probationary period of the suspended sentence, or violate the injunction in the judgment of the People's Law Prefecture, and the circumstances are serious.

Legal basis: "Criminal Law of the People's Republic of China" Article 77: Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the judgment is announced, the suspended sentence shall be revoked, a judgment shall be made on the new crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law. Where criminals who have been given a suspended sentence violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in a people's court's judgment, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

No further probation can be given while on probation. According to the relevant laws of our country, if a criminal sentenced to a suspended sentence commits a new crime during the probationary period of the probationary sentence, or if it is found that there are other crimes that have not yet been convicted before the sentence is pronounced, the suspended sentence will be revoked. If a new crime is committed during the probationary period of probation, violating laws and regulations, and the circumstances are serious, the offender will have the suspended sentence revoked and the original sentence enforced.

Legal Basis: "Criminal Law of the People's Republic of China" Article 77: Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.

Hello, if you reoffend during the probation period, the suspended sentence should be revoked and the punishment for several crimes should be revoked, but there is no explicit provision on whether it is prohibited to give a suspended sentence after the punishment for several crimes is combined. However, in practice, it is generally considered that no further suspended sentence will be imposed by reference to the recidivism provisions. The legal text is as follows:

Article 65: [Ordinary Recidivism]Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole.

Article 69: [Combined Punishment for Multiple Crimes Committed by One Person Before the Judgment is Announced] Where one person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is given, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment must not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence must not exceed 25 years where the total sentence is 35 years or more.

Where there are several crimes where a supplementary sentence is given, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately.

Article 71: [Concurrent Punishment for Committing a New Crime After the Judgment is Announced] Where, after the judgment is announced, but before the completion of the execution of the criminal punishment, the convicted criminal commits another crime, a judgment shall be made for the new crime, and the punishment for the previous crime that was not enforced and the punishment for the subsequent crime shall be determined in accordance with the provisions of article 69 of this Law.

Article 74: [Suspended sentences are not applicable to recidivists]Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.

If the offender commits another offense during the probation period, the probation sentence shall be cancelled and the punishment for the multiple crimes shall be combined. However, if the conditions for release on guarantee pending further investigation are met, they may be released on bail pending further investigation.

Release on guarantee pending further investigation shall meet any of the following conditions: (1) where a sentence of controlled release, short-term detention, or an additional sentence may 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 suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Dear, if you can be released on bail pending trial, you can see if your own situation meets the above conditions.

Carry forward the spirit of the rule of law, safeguard fairness and justice, and highlight humanistic values, now is a society under the rule of law, if your rights are damaged, you can protect your legitimate rights through legitimate channels.

Ask the lawyer, he has been detained for 26 days, and now he has entered the pre-trial stage, the circumstances are not strict, the crime of leaking personal information, and it is a suspended period, whether he can be released on bail pending trial, and it still needs to be approved by that department.

How not to reply.

Answer: If a verdict has already been made, you cannot be released on bail pending trial, but if there is no verdict, you can directly submit a request to the detention department. Release on guarantee pending further investigation is a compulsory measure taken during the investigation of a case, and a person who has already been sentenced to serve a sentence may apply for medical parole. In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be granted medical parole in accordance with the law:

1. Those who are seriously ill and at risk of death in a short period of time; 2. Those who are physically disabled and have difficulty taking care of themselves; 3. Old and sick, it has lost the possibility of harming society.

1. Whether or not release on bail pending further investigation depends on whether the conditions for release on bail are met; If the conditions are met, they may still be released on guarantee pending further investigation after the decision of the case-handling organ, otherwise they will not be able to.

2. If another crime is committed during the period of probation, the original judgment shall be revoked at the time of sentencing, and the punishment for the crimes committed before and after shall be combined.

Code of Criminal Procedure

Article 65: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment 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 suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

(4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Therefore, the sentence of probation is mainly based on the consideration that it will not cause new threats to the society, and another crime shows that it is repeated teaching, and the possibility of another suspended sentence is very small!