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Anonymous users2024-02-05The probationary period of probation refers to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, as well as pregnant women and criminals who have reached the age of 75 but are under the age of 18 and have: the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; When it is announced that the suspended sentence will not have a major negative impact on the community in which they live, the enforcement of the sentence already judged is to be suspended for a set period of time, and community corrections shall be accepted during this period, and if they are prohibited from engaging in specific activities, entering specific areas or venues, or contacting specific people, they shall also comply with the prohibition requirements. Suspended sentences apply only to the main sentence, and additional sentences do not apply to suspended sentences, which must still be enforced, and do not apply to repeat offenders and ringleaders of criminal groups.
If there are no circumstances provided for in article 77 of the Criminal Law during the probationary period of a suspended sentence, the original sentence shall not be enforced after the expiration of the period, otherwise the suspended sentence shall be revoked and the sentence enforced. The specific probationary period is as follows: the probationary period of short-term detention is not less than one year above the original sentence, but not less than two months.
The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined. Legal basis:
Article 73 of the Criminal Law of the People's Republic of China: The probationary period for short-term detention is not less than one year but not less than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.
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Anonymous users2024-02-04According to the provisions of the Criminal Law of our country:
2. Probationary period of a suspended sentence of up to three years imprisonment: The longest is between five and five years of the original sentence, but the minimum must not be less than one year. The duration of the probationary period of probation is calculated from the date on which the sentence is determined. Good Lawyer Network Reference.
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Anonymous users2024-02-03Legal Analysis: The probationary period of probation is the probationary period of probation, which is calculated from the date on which the judgment is determined. The probationary period of a suspended sentence for fixed-term imprisonment is not less than 5 years above the original sentence, but must not be less than 1 year.
Before the date on which the verdict is determined, the date of detention of the criminal offender is generally not deducted from the probationary period of the probation.
Legal basis: Article 72 of the Criminal Law of the People's Republic of China.
Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met at the same time, and a suspended sentence shall be announced for those who are not yet 18 years old, pregnant women, and those who have reached the age of 75.
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
Brother Zheng Mu 3) There is no danger of reoffending;
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.
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
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