Isn t it a crime if you don t break the law during the probation period!

What is probation.

Suspended Sentence Suspended sentence refers to a system in which a crime sentenced to a certain penalty is divided, and if the statutory conditions are met, the original sentence is conditionally not enforced within a certain period of probation.

The application of probation must meet the following two conditions:

1. Suspended sentences must be applied to criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than 3 years, and criminals who have been sentenced to fixed-term imprisonment of more than 3 years, and because their crimes are more serious, the harm to society is greater, and it is not suitable for enforcement in society, they cannot be applied.

2. Criminals who are subject to suspended sentences must have relatively minor criminal circumstances, have shown relatively good remorse, and will not be able to endanger society again if placed in society.

3. According to the provisions of China's Criminal Law, probation cannot be applied to repeat offenders. This is because recidivists are repeatedly reprimanded, subjectively vicious, and personally dangerous.

If a criminal sentenced to a suspended sentence is sentenced to an additional sentence in addition to the main sentence, the supplementary sentence shall still be enforced and shall not be affected by the suspended sentence.

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. The probationary period of a suspended sentence of short-term detention is not less than 1 year above the original sentence, but must not be less than 2 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.

Criminals who have been given a suspended sentence must comply with the following provisions during the probationary period of probation:

1) Comply with laws and administrative regulations, and obey supervision;

2) Periodically report their activities to the organ enforcing the suspended sentence in accordance with regulations;

3) Comply with the regulations of the inspection agency on receiving visitors;

4) Leaving the city or county where they live or relocating shall be reported to the inspection authority for approval.

The probationary period for a suspended sentence is calculated from the date on which the judgment is determined, and the date on which the judgment is determined is the date on which the judgment takes legal effect. The period of detention prior to judgment cannot be deducted from the probationary period of a suspended sentence.

There are three types of probation investigations and treatments:

First, if a probationer 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 new crime or the newly discovered crime, and the punishment for the previous crime and the subsequent crime shall be combined in accordance with the provisions of article 9 of the Criminal Law.

Clause. II. Where a probationary violates laws, administrative regulations, or 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.

Third, if the probationary does not have the above circumstances during the probationary period of probation, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced, and a public announcement shall be made.

China's Criminal Law also has provisions on special suspended sentences for crimes committed by servicemen violating their duties, that is, in wartime, criminal servicemen who have been sentenced to fixed-term imprisonment of less than three years and have no real danger of being given a suspended sentence are allowed to perform meritorious service for their crimes, and when they truly perform meritorious service, the original sentence may be revoked and not punished as a crime.

As long as he is not on probation in wartime, then he just does not carry out the sentence, and the record is absolute, that is, he belongs to a person with a criminal record.

Yes, if you don't break the law, you can no longer carry out the penalty.

It depends on your performance and the certificate from the local police station.

Legal analysis is cautious: If there is no crime committed during the probation period, and the probationary period of the probation period expires, the original sentence will no longer be enforced.

Legal basis: "Criminal Law of the People's Republic of China" Article 76: During the period of probation for criminals who have been given a suspended sentence, the public security organs are to give them a lenient examination, and the unit or basic-level organization to which they belong is to cooperate, 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 it is to be publicly announced.

It does not constitute a recidivism, which is a new crime committed 5 years after the completion of the sentence or pardon. For those who are on probation, there is a probationary period, and after the probationary period expires, they do not need to be executed. At this point, it can be found that the suspended sentence is not executed, nor is it completed or pardoned.

Therefore, there is no question of recidivism. According to the relevant provisions of Article 65 of China's "Criminal Law," any criminal who has been sentenced to fixed-term imprisonment or higher and commits another crime within five years after the execution of the criminal punishment or after the pardon has been pardoned shall be dealt with as a recidivist and given a heavier punishment.

Criminal Law of the People's Republic of China

Article 77.

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 for the new 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.

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.

Legal analysis: If there is no crime during the probation period, and the probationary period of the probation period expires, the sentence imposed by the original state will no longer be enforced. Hungry Wisdom.

Legal basis: Criminal Law of the People's Republic of China Article 76: During the probationary period of a suspended sentence, the public security organs are to conduct an investigation, and the unit or basic-level organization to which they belong is to cooperate, 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.

The law provides that suspended sentences are not to be imposed in the following circumstances: 1. Suspended sentences are not applicable to repeat offenders; 2. Suspended sentences are not applicable to the ringleaders of criminal groups; 3. Suspended sentences are not applicable to criminals sentenced to fixed-term imprisonment of three years or more or life imprisonment; 4. After being criminally punished or punished for infringing intellectual property rights, the second infringement of intellectual property rights constitutes a crime.

[Legal basis].

Article 72 of the Criminal Law provides that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of up to three years, 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) Showing remorse and malpractice; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. Article 74 does not apply to probation for recidivists and ringleaders of criminal groups.

A suspended sentence does not mean that there is no sentence.

Suspended sentences, referred to as suspended sentencing, refer to the first announcement of conviction and temporary non-enforcement of the sentence given to perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished. 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 based on the performance of the offender during the probationary period. Suspended sentences are applicable to fixed-term imprisonment of up to 3 years, short-term detention, fixed-term imprisonment of more than 3 years, life imprisonment, recidivism, and ringleaders of criminal groups, and are not to be applied to suspended sentences.

The conditions for the application of probation are a penal system in which criminals are not detained but are reformed in society. The purpose of the probation system is to enable probationers to be reformed without detention with the help and education of certain social organizations or institutions, so as to achieve the purpose of crime prevention. The scope of application is as follows:

1. Crimes of negligence should be given priority over intentional crimes;

2. Juvenile offenders should be given priority over adult crimes;

3. Priority is given to crimes of a minor nature over crimes of a serious nature;

4. Accomplices and coerced accomplices are given priority over principal offenders;

5. Suspended offenders, preparatory offenders, and attempted offenders should be given priority over completed offenders;

6. Priority should be given to positive compensation over negative compensation.

[Legal basis].

Criminal Law of the People's Republic of China

Article 72: [Applicable Requirements]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 suspended sentence is declared to have no major adverse impact on the community in which they reside. Troublesome Zen.

A suspended sentence may be announced, based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the period of probation.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Legal Analysis: Offenders who are not eligible for probation include: recidivists who are not eligible for probation; does not show remorse; There is a risk of recidivism; has a significant adverse impact on the community; The sentence is three or more years imprisonment.

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 three years imprisonment for three years, and those who meet the following conditions at the same time may be given a suspended sentence, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and those 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 suspended sentence is declared to have no major adverse impact on the community in which they reside.

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.