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Hello, If a criminal who has been given a suspended sentence commits a new crime during 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 for the previous crime and the subsequent crime shall be determined in accordance with the provisions of Article 69 of the Criminal Law.
Article 69: Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is given, 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 must not exceed three years, short-term detention must not exceed one year, and fixed-term imprisonment must not exceed 20 years. If a supplementary sentence is imposed for several crimes, the supplementary sentence must still be enforced. 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.
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Revoke the suspended sentence, and follow the principle of commutation before consolidation. The sentence for which the original crime was not served (the original sentence - the sentence already served) and the sentence imposed for the new crime are combined. Below the total sentence, the maximum sentence for several crimes is imposed.
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If a new offence is committed during the period of three suspended sentences, will the previous number of years be added or how will it be handled?
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If a person commits another offense during the probation period, the probation will be revoked and sent to prison for enforcement, and generally no further probation will be given. However, in practice, some people's courts sometimes apply a suspended sentence again after taking into account the defendant's attitude of admitting guilt and circumstances such as returning stolen goods, making compensation, paying fines, and obtaining the victim's forgiveness when making a judgment in accordance with the principle of concurrent punishment for multiple crimes during the probationary period of probation.
Legal basis: Article 71 of the Criminal Law of the People's Republic of China: Where, after the judgment is announced, but before the execution of the criminal punishment is completed, the convicted criminal commits another crime, a judgment shall be made for the new crime, and the punishment for the previous crime that was not served and the punishment for the subsequent crime shall be determined in accordance with the provisions of article 69 of this Law.
Article 72 of the Criminal Law of the People's Republic of China: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met 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) 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, on the basis of the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific persons in the Xianghe section during the probationary period of probation.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence with honor, the supplementary sentence must still be served.
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Legal Analysis: If a criminal who has been given a suspended sentence commits another crime during the probation period, it is a violation of national laws, administrative regulations, and regulatory provisions of relevant departments, and the circumstances are serious, the probation period will be directly revoked and the original sentence will be enforced. In fact, the law originally stipulated that if the offender was sentenced to a suspended death sentence, during the period of suspension of the death penalty, if there were no other criminal acts, the two-year period would be commuted to life imprisonment.
Legal basis: Article 72 of the Criminal Law of the People's Republic of China.
Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the following conditions are met at the same time, and a suspended sentence shall be announced for those who are not yet 18 years old, pregnant women, and those who have reached the age of 75 and are not being seen:
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 an additional sentence for pretending to be an errand officer, the supplementary sentence must still be enforced.
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The maximum period of criminal detention is 37 days. The following conditions must be met for criminal detention: First, the person detained must be a current criminal or a major suspect.
Second, there is one of the statutory emergency circumstances. The general period of criminal detention is 14 days, usually from the time of admission to the detention center. Within 14 days, the investigating organ shall report to the procuratorate for approval of the arrest, of which the time for approval by the procuratorate shall be 7 days, including 14 days, and if approved, the arrest shall be made, otherwise the compulsory measures shall be released or modified.
Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence, 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 60 of the Criminal Law. According to article 77 of the Criminal Law, if 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 new crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined, and the punishment to be enforced 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.
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1. How to sentence a new crime committed during the period of probation.
1. 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 crime and subsequent crime shall be given.
2. Legal basis: Article 77 of the Criminal Law of the People's Republic of China.
Revocation of Suspended Sentence and Its 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 new crime or the newly discovered crime, and the sentence for the previous crime and the subsequent crime shall be given.
3. Criminals who have been given a suspended sentence shall have their suspended sentence revoked and the original sentence of the defendant shall be enforced if they violate laws, administrative regulations, or the supervision and management provisions of the public security department on probation during the probationary period of probation, and the circumstances are serious.
2. What does probation mean?
Suspended sentence refers to the system of conditionally not carrying out the sentence imposed on a convict who has been sentenced to a certain sentence for a certain period of time, and is a suspension of the execution of the criminal punishment. A suspended sentence is not a punishment, but a form of execution.
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: >>>More
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. >>>More
Based on the actual circumstances, during the period of probation, no further suspended sentence may be given, and based on the actual circumstances, where relevant legal provisions are violated during the period of probation, the suspended sentence is to be revoked and the actual sentence to be enforced in accordance with the provisions of law. >>>More
Where, after committing a crime, a person commits another crime with the same charge during the probationary period of a suspended sentence, it is a new crime committed during the probationary period of a suspended sentence, and 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. >>>More
There is no need to go through formalities after the probationary period of probation. According to the relevant provisions, with regard to the expiration of the probationary period of a suspended sentence, the public security organ shall announce to the person and inform the person of the provisions of the people's court of the original judgment, and it is not necessary to go to the court to go through any formalities after the probationary period of probation is completed. >>>More