Do inmates go to jail while on probation? Do you have to go to jail while on probation

The full name of suspended sentence is suspended sentencing, also known as suspended sentencing, which refers to the first announcement of conviction and the temporary non-enforcement of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished. A system in which a specific probationary 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 convict's performance during the probationary period. The general application of probation must meet both the first:

sentenced to short-term detention or fixed-term imprisonment of not more than three years; Second: there is a sign of repentance, third: there is no danger of resinning, and fourth:

Declaring a suspended sentence has no significant impact on the community in which it lives. If the statutory sentencing file is more than three years, a suspended sentence will generally not be announced, but there are exceptions in special circumstances. So if you are sentenced to a fixed-term prison sentence and at the same time a suspended sentence is announced, do you still need to go to jail?

In fact, it is not necessary, the suspended sentence will not be sent to prison, and the criminal perpetrator still has personal freedom, and a suspended sentence is announced, but for some criminals, it can be based on the circumstances of the crime, and at the same time prohibit the criminal from engaging in specific activities, entering specific areas and places, and contacting specific people during the probationary period of the suspended sentence. If the offender is given a suspended sentence, the supplementary sentence must still be carried out if he is sentenced to an additional sentence. Legal basis:

Article 72 of the Criminal Law of the People's Republic of China may announce a suspended sentence for criminals sentenced to short-term detention or up to three years imprisonment 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) Showing 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.

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

During the probation period, the prisoner is not required to go to jail, but he is subject to the provisions of the probation, and at the end of the probation period, the original sentence is no longer carried out and is publicly announced.

Where a suspended sentence is given for a criminal offense, the prisoner should not go to jail during the probationary period, but should report to the police station every week as long as his physical condition is able.

Legal Analysis: Generally do not go to jail after a reprieve. Under normal circumstances, there is no need to go to jail after the probation is completed.

A suspended sentence may not be served in prison, but if the suspended sentence does not violate the provisions of the law, it may be sent to prison for execution. There is a probationary period for a suspended sentence, and if the provisions are complied with during this period, the sentence shall be deemed to have been completed at the end of the sentence if no crime is committed.

Legal basis: Criminal Law of the People's Republic of China

Article 76: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence 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 not to be enforced, and a public announcement is to be made.

Article 77: Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover 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 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.

1. Not necessarily. Probation is a system of conditional non-execution. Although criminals who have been given a suspended sentence do not request to be sent to prison to serve their sentence during the probationary period of probation, they shall abide by the regulations, obey supervision, regularly report their activities to the inspection organs, and shall report to the inspection organs for approval if they leave the city or county where they live or relocate.

2. At the end of the probationary period, if the provisions are not violated, the original sentence will not be enforced. If, during the probationary period, laws and regulations or the public security department's supervision and management provisions or injunctions on probation are violated, and the circumstances are serious, or a new crime is committed, or a crime is omitted before the verdict is discovered, the suspended sentence is revoked and the original sentence is to be returned to prison.

3. Not all offenders can be applied, and certain conditions must be met.

First of all, the offender must be sentenced to criminal detention or imprisonment for a term of not more than three years. Such criminals generally commit relatively minor crimes, and are less harmful to society and to persons. In addition, the following conditions must be met at the same time: first, the circumstances of the crime are relatively minor; second, there is a sign of repentance; third, there is no danger of recidivism; Fourth, the probation will not have a significant adverse impact on the community in which it resides.

Second, criminals must not be recidivists and ringleaders of criminal groups, because they have greater subjective malice and personal danger, and there is a high possibility of recidivism.

Finally, a suspended sentence may be applied to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, and the court shall determine whether it is ultimately applicable in accordance with law. However, a suspended sentence shall be pronounced for persons under the age of 18, pregnant women and persons who have reached the age of 75.

It can be seen that criminals who have been given probation are not required to be sent to prison to serve their sentences during the probationary period of probation. But it is not, as everyone says, "the punishment is almost useless" and "useless". Criminals sentenced to probation are required to carry out community corrections in accordance with the law in addition to abiding by discipline and law during the probationary period of probation.

In case of disobedience or violation, the suspended sentence will be revoked and sent to prison for execution in a "minute", or worse, the sentence will be aggravated.

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Suspended sentences may be served without jail time, but probation may be revoked if a new offence is committed during the probation period or if an unidentified offence is discovered. Those sentenced to a suspended sentence may not serve their sentence in prison, but may be sent to prison for enforcement if the law is violated during the period of probation.

Legal basis:Article 76 of the Criminal Law.

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 the public call is to be made to make a public announcement.

Article 77 of the Criminal Law: 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 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 relevant departments' provisions on the supervision and management of suspended sentences, or violates the people's court's judgment prohibiting stupidity, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

1. Do you still have to go to jail on probation?

1. There is a probationary period for probation, and there is no need to go to jail during the probationary period. For criminals who have been given a suspended sentence, community corrections are carried out in accordance with law during the probationary period of the probationary sentence, and there are no violations of laws or regulations, then after the probationary period is completed, the original sentence will no longer be enforced.

2. Legal basis: Article 75 of the Criminal Law of the People's Republic of China.

Provisions to be Observed by Probationers] Criminals who have been given a suspended sentence shall comply with the following provisions:

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

2) Report their own activities in accordance with the provisions of the inspection organ;

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

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

Article 76.

The Trial of Suspended Sentences and Legal Consequences] For criminals who have been given a suspended sentence, during the probationary period of the suspended sentence, community corrections shall be carried out in accordance with the law, 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 will not be enforced, and Shiheng shall publicly announce it.

2. What are the conditions for probation?

1. The criminal has been sentenced to short-term detention or up to three years imprisonment;

2. The circumstances of the crime are relatively minor;

3. Showing remorse;

4. There is no danger of recidivism;

5. The probation has no significant adverse impact on the community in which it resides.