-
3) The probationary period of probation.
The probationary period of a suspended sentence refers to a certain period of time during which a criminal who has been given a suspended sentence is investigated.
Article 73 of the Criminal Law stipulates that the probationary period of a suspended sentence of criminal detention shall be not less than one year above the original sentence, but shall not be less than two months. 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.
In accordance with the provisions of Article 73, paragraph 3 of the Criminal Law, the probationary period of a suspended sentence is calculated from the date on which the judgment is determined. The so-called "date on which the judgment is determined" refers to the date on which the judgment takes legal effect. According to the provisions of China's Criminal Procedure Law, if the defendant does not file an appeal and the people's procuratorate does not raise a prosecutorial counter-appeal within two days of receiving the judgment of the first-instance people's court, the judgment will take legal effect.
In cases where an appeal or counter-appeal has been filed, if the court of second instance upholds the original judgment, it shall be calculated from the date on which the judgment or ruling of the court of second instance is determined. The probationary period of probation shall not be deducted from the date of detention prior to sentencing, as the nature of the period of detention is different from that of probationary period.
-
It's an incredible, fantasy and a little fresh, in line with the hard-hitting plot of the majority of boys and girls. One day you walked on the street and disappeared, it is still legal, do you dare to say that you didn't go to the Qing Dynasty to build Brother and Gege?
-
Article 73 of the Criminal Law: Article 73 of the Criminal Law of the People's Republic of China provides for a probationary period of probation. For those criminals who have been given probation, there is a certain period of probation.
For example, for those sentenced to criminal detention, the probationary period is not less than one year above the original sentence, and the minimum is two months; For those sentenced to fixed-term imprisonment, the probationary period of probation is not less than five years above the original sentence, with a minimum period of one year. According to Article 73 of the Criminal Law of the People's Republic of China, the period of probation is calculated from the date on which the sentence is determined. Therefore, Article 73 of the Criminal Law stipulates that there are some provisions on the probationary period of probation.
Legal basis. Article 73 of the Criminal Law of the People's Republic of China: [Probationary Period]The probationary period of a suspended sentence of short-term detention is not less than one year or more from the original sentence, but must not be less than two months. The probationary period of a suspended sentence is not less than five years but not less than 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.
-
Article 73 of the Criminal Law of the People's Republic of China provides for a probationary period of probation. For those criminals who have been sentenced to probation, there is a certain period of probation. Just like those sentenced to short-term detention, the probationary period is not more than one year above the original sentence, and the minimum period is the period of two months including the second sentence; For those who are sentenced to fixed-term imprisonment, the probationary period of probation is not less than five years from the original sentence, with a minimum period of one year.