Has probation been abolished in China s criminal law?

If it is not cancelled, a suspended sentence can still be declared if the conditions for probation are met.

Article 72 of the Criminal Law: [Conditions for the Application of Suspended Sentences]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence 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.

If there is no violation of the law or regulations, the probationary period of probation expires, and the original sentence will not be enforced.

Reference can be made to the Penal Code

Article 76: [Probation of Suspended Sentences and Their Positive Consequences] For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law 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 a public announcement is to be made.

Article 77: [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 verdict is announced, 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.

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.

The so-called probation is not actually a type of punishment. It applies to defendants sentenced to fixed-term imprisonment of up to three years and criminal detention. A suspended sentence may be declared for the above-mentioned defendants if they meet both the four conditions of the crime being minor, showing remorse, not being in danger of committing the crime, and the announcement of a suspended sentence that has no major adverse impact on the community in which they live.

The probationary period of probation is usually specified when a probation sentence is announced. The probationary period is actually only a period prescribed by law, and it is an immutable statutory period. China clearly stipulates that criminals who have been given a suspended sentence are to be given community corrections in accordance with law during the probationary period of the suspended sentence, and if there are no circumstances provided for in Article 77 of the Criminal Law, the probationary period of the suspended sentence is completed, and the sentence of the original sentence will not be enforced, and it will be publicly announced.

However, a suspended sentence cannot exist independently from the original sentence, so the end time of the suspended sentence is the end time of the probationary period. 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 verdict is announced, the suspended sentence shall be revoked and the sentence to be enforced shall be decided, and the sentence to be executed will be returned to prison for actual punishment. If, during the probationary period of probation, laws, administrative regulations, or the supervision and management regulations of the public security department on probation are violated, and the circumstances are serious, the suspended sentence shall also be revoked and the original sentence will be enforced, and the person will also be sent to prison.

Article 77 of the Criminal Law of the People's Republic of China: 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 newly committed crime or the 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. Where a criminal who has been given a suspended sentence violates laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences during the probationary period of a suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.