What does a three year suspended sentence mean? Isn t there no need to go to jail?

Updated on society 2024-03-11
13 answers
  1. Anonymous users2024-02-06

    To put it simply, if you don't commit a crime again within four years after the verdict, you won't go to jail for the three years you were sentenced to. If you commit another offence during this four-year probationary period, you will be punished together with the new offence.

    1. Suspended sentences, also known as suspended sentencing, refer 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 first convicted and not given sentencing, and that 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.

    2. Criminal Law

    1) Article 76, for criminals who have been given a suspended sentence, community corrections shall 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 shall not be enforced, and the original sentence shall not be enforced, and it shall be publicly announced.

    After being sentenced to a suspended sentence, the convict first reports to the community corrections unit of the county or district judicial bureau where his household registration is located, goes through the relevant acceptance procedures, and then reports to the police station and the neighborhood (township) judicial office where his household registration is located with the certificate, and can go home after completing the formalities.

    Persons sentenced to probation are still criminals, and in accordance with the provisions of the "Community Corrections Law", they cannot leave their city or county, write a monthly ideological report, go to the judicial office once a week to report their ideological status in person, turn on their mobile phones 24 hours a day, and actively participate in public welfare work arranged by the judicial office.

    2) Article 77 stipulates that if a criminal who has been given a suspended sentence commits a new crime within the probationary period of the 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 imposed for the previous and subsequent crimes shall be determined in accordance with the provisions of Article 69 of the Criminal Law.

    3) Article 69: Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is imposed, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum short-term detention shall not exceed one year, and the maximum fixed-term imprisonment shall not exceed 20 years. If a supplementary sentence is imposed for several crimes, the supplementary sentence must still be enforced. 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 a restraining order in a people's judgment during the probationary period of a suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

  2. Anonymous users2024-02-05

    What does it mean to be sentenced to three years in prison, suspended for three years? Many people think that they don't have to go to jail, which is actually true and wrong, but there is some truth in it, because jail is in prison, and probation is carried out outside prison, which is relatively free.

    This is called three sentences and three probations. This is a kind of punishment for those who commit relatively minor crimes, do not cause great harm to society, and have the ability to mitigate and show repentance and repentance, and at the same time embodies the humanization of the law. During the period of probation, persons on probation must receive management education from the community and the unit to which they belong, and must not break the law and commit crimes again, otherwise they will be sent to prison.

    Persons sentenced to probation do not need to serve their sentences in detention centers or prisons.

    A suspended sentence is served outside of prison and does not require jail time. But in these three years, he must not break the law again, otherwise he will be imprisoned. During the probation period, you cannot go out of your county or city, and if you really need to go out, you must report to the judicial bureau.

    I also have to go to the judicial department regularly to study and work, and my mobile phone must also be monitored. The judiciary will call you from time to time to see if you have violated the rules and gone out without authorization. Don't ask me how I know so much, I have a classmate who is on probation right now.

    In layman's terms, it means serving a sentence outside of prison, but you must obey the supervision and management of the offender by the community, the judicial office, or the police station, and report your reform status orally or in writing to the designated supervision agency every week. During the probation period, if the offender commits a new crime or violates the supervision and management, the supervisory authority will recommend to the court that the person be returned to prison or the sentence be changed. In short, those given suspended sentences, where the harm to society is small, and there are truly expressions of repentance and reform, may generally be served outside of prison.

    At the same time, it also embodies humanity and gives criminals a chance to repent and rehabilitate.

    Community corrections include: 1. The communication is turned on 24 hours a day, and you can be found at any time. 2. Conduct ideological reports. 3. Do not leave the place of residence at will. 4. The time is the same as the time of the sentence.

    The sentence is pronounced and released, and the suspended sentence cannot be carried out of the urban area within three years, and the offender is imprisoned for three violations, except for special circumstances, and cannot do all illegal and criminal acts within three years of probation, once investigated, the consequences are very serious!

  3. Anonymous users2024-02-04

    It means that you need to serve three years in prison, but it is not executed immediately, and the execution will start after three years, not that you do not have to go to jail, but that you will be suspended from prison, during which you can take care of your family work, and if the time is up, you still have to accept the judgment of the law, and carry out labor reform in it, and then you can be released after completing your sentence.

  4. Anonymous users2024-02-03

    Probation means that you don't have to be in prison with other inmates, but you are still guilty outside and will be monitored, so it's better to be honest and don't do it again, otherwise you may be arrested in prison again.

  5. Anonymous users2024-02-02

    This means that the sentence will be executed three years after the date of sentencing. It's not that you don't have to go to jail, it's just a delay of three years!

  6. Anonymous users2024-02-01

    A three-year suspended sentence is supervised by the community and does not need to go to jail, but daily life will be restricted and you will not be able to travel far away.

  7. Anonymous users2024-01-31

    Serving outside of prison, re-offending directly in prison.

  8. Anonymous users2024-01-30

    The sentence of three suspended five is about the same.

  9. Anonymous users2024-01-29

    Suspended sentences, also known as suspended sentencing, also referred to as suspended sentencing, refers to a system whereby perpetrators who have violated the criminal law and have been confirmed through legal procedures have constituted a crime and should be punished by criminal punishment, the convict is first convicted and the sentence 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.

    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 Chun Jingzhong is to be publicly announced.

  10. Anonymous users2024-01-28

    According to the provisions of the Criminal Law of our country, if a person is sentenced to three years imprisonment with a three-year suspended sentence, although he does not need to go to prison to serve his sentence, there will be a probationary period, and the relevant provisions on imitation must be complied with during the probationary period. Otherwise, you will still go to jail.

    [Legal basis].Article 73 of the Criminal Law provides that the probationary period of a suspended sentence of short-term detention shall be not less than one year from the original sentence, but shall not be less than two months.

    The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years not less than the original sentence, but not less than one year. The probationary period of probation is calculated from the date on which the judgment is determined.

  11. Anonymous users2024-01-27

    Sentenced to three years in prison, suspended for three years, it is possible to go to jail without imprisonment. However, if a new offence is committed during the probation period or if an unidentified offence is discovered, the probation may be revoked. Yuanqiao is sentenced to a suspended sentence and may not serve his sentence in prison, but if he violates the law during the probation period, he may be sent to prison for execution.

    If the probation period is followed, and if the provisions are complied with, the expiration of the sentence shall be deemed to be completed if there is no crime. A suspended sentence is called a suspended sentence, also known as a suspended sentence.

  12. Anonymous users2024-01-26

    A sentence of three years of probation for three years is not a prison sentence, but probation may be revoked if a new offence is committed during the probation period or if an unidentified offence is discovered. Given a suspended sentence, Xiangfan may not serve his sentence in prison, but if he violates the law during the probation period, he 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.

    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. 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 the Criminal 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.

    [Legal basis].Article 77 of the Criminal Law Anyone who illegally occupies land without approval or by fraudulent means to obtain approval by deception shall be ordered by the competent department of natural resources at or above the county level to return the illegally occupied land, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the land shall be restored to its original state, and the newly built buildings and other facilities on the illegally occupied land shall be confiscated if it conforms to the overall land use plan. Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

  13. Anonymous users2024-01-25

    Legal Analysis: If a criminal is sentenced to three years imprisonment for committing a crime, but the criminal meets the conditions for probation, so he is given a suspended sentence, and does not need to serve his sentence in prison, but undergoes community corrections. Sentenced to three years of probation and four years of probation simply means that the court sentences a sentence of three years imprisonment, and the punishment is not executed for the time being, and if there is no illegal act during the probationary period of 4 years, and the provisions of the probationary period of the suspended sentence are complied with, the punishment will not be executed after 4 years.

    "Suspended sentence" refers to a system whereby criminals who have been sentenced to a certain punishment are conditionally not to carry out the original sentence within a certain period of probation if they meet the legally prescribed conditions. This means that the term of imprisonment is 3 years, and the probation period of probation is 3 years. If no crime is committed during this period or a new crime is discovered, the probationary period of probation expires, the original sentence is no longer enforced, and it is publicly announced, and if a new crime is committed during this period, the person is sent to prison.

    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 up to three years imprisonment 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.

    Derivative question: What are the limits of probation?

    Restrictions: 1. Comply with laws and administrative regulations, and obey supervision; 2. Regularly report their activities to the organ enforcing the suspended sentence in accordance with regulations; 3. Abide by 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. Conditions:

    1. The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than 3 years. 2. Based on the circumstances of the criminal's crime and expression of remorse, it is found that the application of a suspended sentence will no longer endanger society. 3. Criminals are not recidivists.

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