How to deal with a crime committed by a person who commits another crime with the same crime during

Updated on society 2024-02-25
6 answers
  1. Anonymous users2024-02-06

    Where, after committing a crime, a person commits another crime with the same charge during the probationary period of a suspended sentence, it is a new crime committed during the probationary period of a suspended sentence, and 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 in accordance with the provisions of article 69 of this Law.

    Article 77 of the Criminal Law [Revocation of Suspended Sentences and Their Disposition] 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 decided 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: [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 a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.

    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.

  2. Anonymous users2024-02-05

    If this is the case, it will be executed directly, and the suspended sentence will be gone, so you should go to your legal partner and find a lawyer and ask him to think of a better way for you.

  3. Anonymous users2024-02-04

    Hello, it is more appropriate to go to the legal consultation platform for this kind of thing, and ask a lawyer.

  4. Anonymous users2024-02-03

    The suspended sentence was revoked and the sentence handed down was immediately enforced.

  5. Anonymous users2024-02-02

    A person who has committed a crime during the probationary period of probation does not constitute a recidivist, and who has been sentenced to a sentence of fixed-term imprisonment or higher, commits another crime that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the punishment or pardon, it constitutes a recidivism.

    Article 65 of the Criminal Code.

    Criminals who have been sentenced to fixed-term imprisonment or higher, and who, within five years after the completion of the criminal punishment or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher, 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.

  6. Anonymous users2024-02-01

    Committing a new offence during the probationary period is not considered recidivism.

    Legal basis] Paragraph 1 of Article 65 of the Criminal Law stipulates: A criminal who has been sentenced to a sentence of fixed-term imprisonment or higher commits a crime that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the execution of the sentence or after being exempted from the punishment shall be a recidivist and shall be given a heavier punishment, except for crimes of negligence.

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