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After the expiration of the probation period, the local judicial department should issue relevant materials to the relevant departments, and of course notify them. If not, you can take the initiative to contact the local judicial department, the police station has no power, and you must go to the court or the court to handle it, but you can go to the court or the public security bureau to handle it, but after the expiration of the period, you are already free and can go out of the province.
Legal analysisOn the basis of relevant legal provisions, the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice's Opinions on Further Strengthening the Coordination and Management of Community Corrections, 1. Where the people's courts, public security organs, and judicial-administrative organs are disconnected from each other in the work of receiving and sending persons serving sentences in the community, or where persons serving sentences in the community evade supervision and fail to report for duty within the prescribed time period, resulting in the failure of community corrections to be carried out in a timely manner, it is a leak of secrets. Two. Where community corrections establishments for the place of residence discover that persons serving sentences in the community have leaked secrets, they shall promptly organize a search, and the county-level judicial-administrative organs for the place of residence shall notify the county-level people's court, public security organs, prisons, and people's procuratorates for the place of residence.
Where persons serving sentences in the community evade supervision and fail to report for duty within the prescribed time period, causing a leak of secrets, the judicial-administrative organs at the county level for their place of residence are to give warnings; Where the requirements for prison enforcement are met, it is recommended that the suspended sentence, parole be revoked, or the prison service is temporarily suspended in accordance with law. Yes, after expiration, nothing new happens to be considered a free body. If you are not sure, you can go to the local judicial office to learn more about the situation.
If, during the probationary period, the probationer has not committed a new offence or violated the requirements that the probationer must follow, this purpose has been achieved, and the probationary period has expired, and there is no need for the original sentence to be enforced. If a probationer commits a new offence during the probationary period, regardless of the new offence he committed, whether it is a felony or a misdemeanor, the probation shall be revoked and the offender shall be detained for execution on the basis of the concurrent punishment for the previous offence.
Legal basisArticle 76 of the Criminal Law of the People's Republic of China, 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 no longer enforced, and it is to be publicly announced.
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It depends on where you are, you can first report to the local judicial office and receive community corrections, if you have not yet engaged in community corrections, go to the local police station to report, and how to go through the formalities of going out, the judicial office and the police station will tell you.
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The police station has no power, and it must be handled by the public security bureau and the court, you can go to the court or the public security bureau to handle it, but at the end of the period, you are already free and can leave the province.
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1. Article 76 of the Criminal Law: "During the probationary period of a suspended sentence, a criminal who has been given a suspended sentence is to be inspected by the public security organs, and the unit or basic-level organization to which he belongs is to cooperate, 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 no longer enforced, and it is to be publicly announced. ”
2. Article 302 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs (Amendment 98)": "If a convict who has been given a suspended sentence does not have the circumstances provided for in Article 77 of the Criminal Law during the probationary period of the suspended sentence, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced. If an additional sentence is imposed, the additional sentence must still be enforced.
At the completion of the probationary period of a suspended sentence, the public security organs shall announce to the person and notify the people's court of the original judgment. ”
Therefore, upon completion of the probationary period of a suspended sentence, the public security organ is to announce it to the person and notify the people's court of the original judgment. It is best for you to go to the public security organ as soon as possible to go through the relevant formalities. Such procedures are generally the responsibility of the police station in the jurisdiction.
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You can go to the judicial organ or public security organ at the place of enforcement to inquire about the relevant situation, but if you can't do it, contact the judicial bureau yourself to understand the situation. There is a time limit for enforcement, and if the court does not enforce the remaining six months after the case is filed, you can report the situation to the higher court. After accepting the case, the court shall issue a notice of performance within a time limit to the person subject to enforcement, and if it fails to perform, the court shall take compulsory measures.
If the court fails to enforce the law within the time limit, you can request that the organizer be held responsible. The people's court shall inform the convict serving his sentence in writing that he must report to the public security police substation for his place of residence on time, and that he or she should bear legal responsibility if he fails to report on time, and the convict himself shall sign the notice. Those serving sentences in this province shall report for duty within 10 days, and those serving sentences in other provinces shall report for duty within 20 days.
The notice is to be written in triplicate, one copy to be handed over to the convict serving his sentence outside of prison, one copy to be sent to the county-level public security organ at the place of enforcement, and one copy to be archived by the informing organ.
Where convicts fail to report for duty within the prescribed time, are out of supervision for more than three months, leave the city or county where they reside for more than three months without authorization, fail to report their activities in accordance with provisions, do not comply with the rules on meeting guests, and still do not refuse to make corrections after three educations, the public security organ for the place of enforcement may submit a recommendation to revoke the suspended sentence.
Where the enforcement period is complete, the public security organs shall notify them themselves, and publicly announce them to the people in their units or places of residence, and notify the people's court of the original judgment.
Legal basisArticle 217 of the Criminal Procedure Law: After a suspended sentence takes legal effect, the people's court shall send the judgment and enforcement notice to the public security organ for the location of the convict, and the public security organ shall hand over the convict to the unit or basic level organization to which he belongs for investigation. The probationary period of probation is calculated from the date on which the judgment takes effect, and since the probationary sentence is conditionally not enforced, the date of detention before the judgment cannot be deducted from the probationary period.
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After being sentenced to a suspended sentence by the court, the court will hand over the verdict, community correction materials, etc. to the community corrections office of the local judicial bureau, and you need to report to work, not the judicial bureau to notify you, regularly report your ideological work, and it is recommended that you take the initiative to go to the judicial bureau to contact the correction matters. Article 134 of the "Interpretation of the Criminal Procedure Law of the Supreme Court" provides that if the people's court of first instance rules that the defendant is not guilty, does not bear criminal responsibility, or is exempted from criminal punishment, and the defendant is in custody, he shall be released immediately after the verdict is pronounced. In any of the following circumstances, the people's court shall modify the compulsory measures or release the arrested defendant:
1) The Suigao first-instance trial court sentenced them to controlled release, announced a suspended sentence, or applied a supplementary sentence separately, but the judgment has not yet taken legal effect; (2) The time the defendant was detained has already reached the time limit of the sentence given to him by the first-instance trial court; (3) The case cannot be concluded within the time limit provided by law.
The full name of suspended sentence is suspended sentencing, also known as suspended sentencing, which refers to the first announcement of conviction and the temporary non-enforcement of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished. 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. The general application of probation must meet both the first: >>>More
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