What kind of probation is there?

What kind of probation is there?

Probation is a punishment for some special groups of criminals in our country, for example, some criminals because they are pregnant, so they do not need to be executed immediately to give birth to a child for one or two years, because the child needs to be breastfed, so the time may be longer, and there are also some people who cannot immediately serve their sentences for special reasons, and the state will also give a suspended sentence of one to two years. Most of the inmates are executed immediately after the verdict is handed down, and only a small number need to suspend the execution for special reasons, and probation is also an empathetic point of the national law, and probation is relatively common in our country.

01, being sentenced to probation and leaving a case record probation is also a criminal law, but the original immediate execution has been changed to a two-year suspension or a five-year probation, but the probation also has a case record, and it will have some impact on the future work and children as soldiers, and the three generations of the direct family will have some impact, because it is also a violation of the law, but it cannot be executed immediately for some special reasons, and the probation will also be recorded by the public security department as an illegal act.

02, after being sentenced to probation, you must seriously show that some people can apply for bail pending trial or probation if the circumstances are relatively minor, and the difference between bail and probation is not very big in nature, but during the probation period, you must report your work regularly, accept the supervision of the staff, abide by the law, and cannot have any illegal acts, which is beneficial to the future re-sentencing, and you may have a minor illegal act at the beginning, and you have been sentenced to fixed-term imprisonment within three years. Then after obtaining probation, if you behave well during the probation period, the sentence will be reduced.

03, the original sentence can not be executed at the end of the probation period In our country, if you apply for a suspended sentence, if you behave well during the probation period and are a law-abiding person, then after the expiration of the probation period, there is no illegal or criminal record in the middle, and the original sentence will be cancelled and you will not have to carry out the original punishment, but the probation is also a criminal law, because during the probation period, you have to report to work and accept supervision, which belongs to the regulations of execution outside of prison. However, because it is also a criminal act, being recorded by the public security is not conducive to the political trial of immediate family members joining the party and joining the army in the future.

In fact, probation is also a more humane punishment in our country, for example, some pregnant women can apply for probation after committing illegal and criminal acts, but because she is considered to be pregnant, she can apply for probation, and the suspension is a few years, and during this period, you can not carry out the original punishment if you behave well, which is also good for the growth of the child. For some inmates who are physically disabled or in very poor health, probation can give them the greatest convenience and good conditions for medical treatment, and probation also reflects the humanity of our country's laws.

There are two kinds of probation, one is the probation of fixed-term imprisonment, such as one suspended sentence and two suspended sentences, and a one-year suspended sentence for two years, in this case, you can go home a few hours after the court verdict, but within two years from the date of detention, you must report to the designated judicial department on time, and there can be no more violations of law and discipline, and you will not go to prison again!

The other is the death penalty with a suspended execution, and there are two situations of the death reprisal, one is that the sentence is a death reprieve, and the other is that the death penalty is betrayed first, and then the death sentence is changed to a suspended death sentence by appeal, these two situations are equivalent to sitting through the prison, according to the current commutation and parole regulations, it will take more than 20 years in the case of bad luck, since the 17 judicial interpretations came out, the previous 98 judicial interpretations and 12 judicial interpretations have been abolished! For everyone, criminals with a suspended death sentence are generally serious crimes, and the death penalty is reviewed by the High Court, and the death penalty can only be counted if it is reviewed by the Supreme Court, and the length of time from the detention to the real verdict for this crime varies, and it will take more than a year at the earliest. For example, it took two years for a criminal with a suspended death sentence to go to the intermediate court for two years, and then it took half a year for the high court to review, and if there is no objection after the review, he will be sent to prison, and after two years, he can apply for a change to life imprisonment, and it generally takes 8 or 9 months to successfully change the sentence, and if the sentence is successfully changed, it will take two years to apply for life imprisonment and be sentenced to fixed-term imprisonment, which is basically 6 or 7 years! Reprieve.

The indefinite change is generally changed to 25 years! Then the commutation and parole of the current 17 judicial interpretations are very troublesome, and everyone can calculate it, and it is not an exaggeration to say that it will sit for 30 years.

A suspended sentence of fixed-term imprisonment is generally a sentence of three years or less. Not being included in prison is not a danger to society. It is possible to be locked up without prison.

As long as the deadline for your sentence has expired, you have not reoffended. The sentence is completed. If there is any behavior that endangers society, he shall be immediately imprisoned and imprisoned.

where a crime is constituted, the period of suspension from the previous sentence is to be served concurrently. The suspended sentence of the prison sentence is stained except for the file. It's about the same as not being sentenced.

It is a backdoor for people with connections and backgrounds to escape from justice. Ordinary people don't have this treatment.

The death penalty is suspended for two years, i.e. from the date of the suspended sentence. No reoffending in two years. The sentence may be commuted to life imprisonment. You don't have to shoot.

I don't understand anything, there are two kinds of probation, the death penalty probation: behaving well during the probation period automatically converts to life imprisonment. Suspended sentence for fixed-term imprisonment:

That is, the sentence is served outside of prison, and if you behave well during the probation period and do not make mistakes, you do not need to go to prison to serve it again. If a mistake is made, the Bureau of Justice will decide whether to send him to prison for execution based on the circumstances.

Many death row inmates will be given a suspended sentence because of their good behavior, and then, awakening, means that they will be executed in a few years, but in fact, if you have behaved well in these years, it may be changed to life.

As a system for the enforcement of criminal punishments, the probation system is an important part of the implementation of the criminal policy of "blending leniency with severity" and is also an effective method for fighting against minor crimes.

In fact, probation means that before the execution of the death penalty or the execution of a fixed-term sentence, the prisoner is suspended for a few years outside and at home for a few years, and when the time is up, the prisoner is punished according to the punishment imposed before.

Probation means that if you don't serve it first, it will be executed outside of prison, and then you will go to prison after a few years of probation, this.

It's okay, it's the way to get a suspended sentence outside the house for a few years before the execution of the death penalty or the execution of a fixed-term sentence.

In fact, this process is also a rather painful process, on the one hand, you may let go of a lot of pressure in your heart.

A large knife. It can fall on top of your head at any time, and you know it will fall, but enjoy the fear of falling.

The company is engaged in pension financial management, due to the boss's poor management and bankruptcy, the customer money can not be taken out, and he has been imprisoned, but the salesman is also involved, and he is released on bail pending trial and executed a suspended sentence outside of prison, how long will it take?

In fact, first of all, my psychological pressure is relatively large, and then the process is more painful.

Probation means obeying the administration of justice and being released at the time of the court's decision.

The sentence was suspended for one and two, and he was corrected, why did he have to be supervised by the police station for three years.

It is to leave a way back for yourself.

I was on probation for two years.

Does probation really have a big impact on a child's military enlistment?

According to the provisions of Article 72 of China's Criminal Code, it refers to the people's court for criminals sentenced to short-term detention or less than 3 years imprisonment, on the premise of meeting the conditions prescribed by law, suspend the execution of their sentences, and stimulate Mu Liang to stipulate a certain probation period, during which community corrections are implemented, and if the person who has been declared on probation does not have a reason for the revocation of the probation sentence as prescribed by law during the probationary period, the original sentence will not be enforced.

Legal basis: "Criminal Law of the People's Republic of China" Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if they meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

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.

Probation is the reversal of the original sentence of the original punishment. During the probation period, the offender has most of his personal freedom, but there are certain restrictions. At the end of the probation sentence, if the offender does not reoffend, the original sentence does not have to be carried out.

Suspended sentences, also known as suspended sentences, refer to a system in which perpetrators who have violated the criminal law and have been confirmed to have constituted a crime and should be punished by legal procedures are convicted in advance, and the sentencing is not to be given for the time being, and the investigation body of the special slag is to conduct an investigation of the convict within a certain period of probation, and decide whether to apply a specific punishment in accordance with the law based on the convict's performance during the probationary period.

The targets and conditions for applying suspended sentences are: (1) The targets of applying suspended sentences must be criminals sentenced to short-term detention or fixed-term imprisonment of less than three years. This shows that a convict who has been sentenced to more than three years in prison cannot be given a suspended sentence.

2) The circumstances of the criminal's crime are relatively minor, he has truly shown repentance, and the application of a suspended sentence will indeed not cause any further harm to society, and there is no major adverse impact on the community in which he or she lives, that is, the court finds that not being detained will not cause any further harm to society. To put it simply, the above two are indispensable for the application of probation. In addition, the Penal Code stipulates that probation cannot be applied to repeat offenders and ringleaders of criminal groups, regardless of the length of their sentences.

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 the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the offender's performance during the probationary period.

Look at how you behaved during the probation period, and if you behaved well, the sentence was changed to the next class. China's criminal punishment is divided into death penalty, life imprisonment, fixed-term imprisonment, and criminal detention. For example, if you perform well during the two-year probation period, the sentence will be changed to life imprisonment (and the two years of probation will be counted as life imprisonment).

If it is a one-year fixed-term prison sentence with a two-year reprieve, the offender can be active in society, regularly report personal dynamics to the Public Security Bureau, as long as he does not make mistakes within two years, he does not need to go to prison (but the file of a criminal offense will affect you for a lifetime).

Suspended sentences apply to fixed-term imprisonment of less than 3 years (if the sentence of fixed-term imprisonment is more than 3 years when the punishment for several crimes is combined, if the sentence of one of the crimes is sentenced to a suspended sentence, the principle of absorption shall be attached so that the suspended sentence is no longer enforced), short-term detention, deprivation of political rights, and the death penalty, and suspended sentences of more than 3 years or life imprisonment are not applicable.

Applicable objects: First, they are sentenced to short-term detention or fixed-term imprisonment of less than three years with a suspended sentence; The second is that the offender has indeed shown repentance, and the court believes that not detaining him will no longer endanger society; The third is that the offender is not a recidivist and a ringleader of a criminal group.

Suspended sentences, also known as "suspended sentencing" or "suspended sentencing", generally refer to the provision of a probationary period for offenders who have violated the criminal law and have been sentenced to short-term detention or fixed-term imprisonment of less than 3 years, based on the circumstances of the crime and the expression of remorse, and if the period of suspension does not endanger society again; A system where, within the probationary period, the offender complies with certain conditions, the original sentence is no longer enforced.

Probation, also known as a stay of sentence. It is a penal system in criminal law. In criminal trials, courts stipulate a certain probationary period to suspend the enforcement of the criminal law on the basis of the circumstances of the crime and the expression of remorse of the convict who has been sentenced to criminal punishment.

A system where, during the probationary period, certain conditions are met, the original criminal law will no longer be enforced. So, in short, a suspended sentence is a conditional non-execution of the sentence imposed. For details, see the interactive encyclopedia - "Probation".

It is to suspend the execution of the sentence for a period of time, and usually the suspended sentence of the death penalty is that you do not have to die, and you have to behave well during the probation.

It is to cut off the time and then decide whether to execute it.

In our country, a suspended sentence means that for a criminal sentenced to short-term detention or less than 3 years imprisonment, if the suspension of the execution of the criminal law does not cause any further harm to society, a certain probationary period is provided to suspend the execution of the criminal punishment according to the circumstances of the crime and the expression of remorse; During the probationary period, if certain conditions are met, the original sentence is no longer enforced. It is worth noting that if a criminal who has been given a suspended sentence is sentenced to an additional sentence, the supplementary sentence must still be executed.

Criminal Law of the People's Republic of China

Article 61: When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 62: Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.

Article 63: Where criminals have mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range. Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.