-
Anonymous users2024-02-07Article 75: Criminals who have been given suspended sentences shall comply with the following provisions:
1) Comply with laws and administrative regulations, and obey supervision;
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. Interpretation: This article is about the provisions that criminals who have been given a suspended sentence shall abide by during the probationary period of the suspended sentence. According to the provisions of this article, criminals who have been given a suspended sentence shall comply with the following provisions:
1. Complying with laws and administrative regulations and obeying supervision refers to abiding by national laws and administrative regulations, and consciously obeying the supervision of public security organs, units and grassroots organizations. 2. Reporting one's own activities in accordance with the regulations of the inspection organs refers to reporting one's own activities on a regular or irregular basis in accordance with the regulations of the public security organs, such as reporting one's own thinking, reform, and compliance with discipline and law. 3. Complying with the regulations of the inspection organs on receiving visitors refers to complying with the requirements and regulations of the public security organs announcing to them about the reception of visitors.
4. If you leave the city or county where you live or move to another city, you shall report to the inspection authority for approval. They must not leave the city or county where they live or move without approval.
-
Anonymous users2024-02-06Suspended sentencing, also known as suspended sentencing, refers to a system whereby 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 are convicted in advance, and sentencing is not given for the time being, and a specific investigation body conducts an investigation of the convict within a certain period of probation, and decides in accordance with law whether to apply a specific punishment based on the convict's performance during the probationary period. Leaving the city or county of residence or relocating shall be reported to the inspection organ for approval.
-
Anonymous users2024-02-05It is limited to a certain range and leaves the specified scope to be reported.
-
Anonymous users2024-02-04No, only locally.
-
Anonymous users2024-02-03The scope of activity of probation is the fixed city or county of residence. Criminals who have been given a suspended sentence shall report to the investigating organ for approval when they leave the city or county where they reside or relocate. The probation agency is the local public security organ, and as long as the probation organ approves it, it is possible to leave, but it usually does not approve it.
Suspended sentences are applicable to fixed-term imprisonment of less than 3 years, and where the sentence of fixed-term imprisonment is more than 3 years when the sentence is to be executed when the punishment for several crimes is combined, if a suspended sentence is given for one of the crimes, the principle of absorption should be attached, so that the suspended sentence is no longer enforced, and between the two punishment ranges of short-term detention, deprivation of political rights, and the death penalty, a fixed-term imprisonment of more than 3 years or life imprisonment, recidivism, and the ringleader of a group with a suspended sentence for committing a crime, a suspended sentence is not applicable.
In trial practice, the people's court makes a decision on whether or not to apply a suspended sentence, and since there is no unified standard for considering "truly not endangering society again", some consider the circumstances of the defendant's crime, the expression of remorse after the crime, the attitude of the victim, and so on.
Legal basisArticle 66 of the Criminal Procedure Law of the People's Republic of China.
Based on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance.
Article 269.
For convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison, community corrections is to be carried out in accordance with law, and the community corrections establishments are responsible for enforcement.
-
Anonymous users2024-02-02Legal Analysis: The scope of activities is fixed, that is, the city or county where they live, and criminals who have been given a suspended sentence leave the city or county where they live or relocate, and shall report to the investigating organ for approval. The probation organ is the local public security organ, and as long as the probation organ approves it, it can be withered and left, but it is usually not approved by the Mausoleum Games.
Legal basis: "Criminal Law of the People's Republic of China" Article 76: 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 it is to be publicly announced.
-
Anonymous users2024-02-011. What are the restrictions on the scope of activities during the probation period.
The scope of activities is fixed, that is, the city or county in which they live, and criminals who have been given a suspended sentence leave the city or county where they live or move to another place, they shall report to the investigating organ for approval. The probation agency is the local public cherry chain security agency, as long as the inspection agency approves it, it can leave, but usually it will not be approved.
Article 75 of the Criminal Code.
Criminals who have been given a suspended sentence shall be summoned to comply with the following provisions:
1) Comply with laws and administrative regulations, and obey supervision;
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.
2. Suspended sentences have the following characteristics:
1. A guilty verdict against the defendant. Where the defendant's conduct is found to meet the elements of a crime after trial by the people's court, a declaration of guilt shall be made. Suspended sentencing is premised on the declaration of guilt of the perpetrator, rather than not making a guilty verdict, which can better reflect the principle of legality of crimes.
2. No criminal punishment shall be imposed on the defendant for the time being. A suspended sentence is only a conviction and not a specific sentence is executed at the same time.
3. The special organs set up are responsible for supervising the suspension of sentencing, and full-time inspectors are to conduct inspections.
What are the restrictions on the range of activities during probation? During probation, prisoners must follow the relevant rules, and their rights and obligations are also affected, especially the need to greet them in advance wherever they go. Restrictions and specific requirements for the scope of activities during the probation period, if you need to find a lawyer, you can directly ask the lawyer at this time.
The probationary period of probation refers to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, as well as pregnant women and criminals who have reached the age of 75 but are under the age of 18 and have: the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; When it is announced that the suspended sentence will not have a major negative impact on the community in which they live, the enforcement of the sentence already judged is to be suspended for a set period of time, and community corrections shall be accepted during this period, and if they are prohibited from engaging in specific activities, entering specific areas or venues, or contacting specific people, they shall also comply with the prohibition requirements. Suspended sentences apply only to the main sentence, and additional sentences do not apply to suspended sentences, which must still be enforced, and do not apply to repeat offenders and ringleaders of criminal groups. >>>More
1. Feel the beauty and nature and taste the wonderful life. >>>More
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 a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the convict's performance during the probationary period. Release on guarantee pending further investigation refers to compulsory measures taken by a people's court, people's procuratorate, or public security organ in a criminal proceeding to order a criminal suspect or criminal defendant to provide a guarantor or pay a guarantee deposit to ensure that he is always available. >>>More
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. >>>More
The similarities between the three are: they are all highly practical teaching activities, and the activities are arranged more casually. >>>More