Can a probationer go out privately, and can a probationer go out privately

Updated on society 2024-03-23
8 answers
  1. Anonymous users2024-02-07

    If the person concerned uses an ID card, the probation can be found out when he goes out privately.

    During the probationary period of a suspended sentence, convicts shall abide by laws, administrative regulations, and obey supervision; Report on their activities in accordance with the regulations of the inspection organ; Comply with the regulations of the inspection agency on receiving visitors; Leaving the city or county where they live or relocating shall be subject to the approval of the inspection organ. Probation offenders shall be paid equally for equal work when participating in the workforce. If a supplementary sentence is given at the same time, the supplementary sentence shall still be enforced.

    There are two situations in which a suspended sentence can be conditionally modified: one is that the convict has behaved well during the probation period and no longer commits a crime, and may not carry out the original sentence or shorten the probationary period of the probation sentence after the completion of the probation period. Second, if the convict commits a new crime during the probation period, the court shall revoke the suspended sentence and decide to impose a new sentence in accordance with the principle of combining punishment for multiple crimes.

  2. Anonymous users2024-02-06

    You may also have your ID card checked by the local police. Persons sentenced to probation should apply for leave from the local judicial department when they go out to other places, and after obtaining approval, they can go to their destination and return on time. However, after arriving at the destination, the local public security department will also ask the person to present an ID card when conducting a routine inspection, which is a normal law enforcement activity (such as checking the ID card on the train, checking the ID card at the hotel, etc.), and has nothing to do with the suspended sentence, and will not be checked for the issue of probation.

  3. Anonymous users2024-02-05

    Legal Analysis: Those who go out without permission during the probation period can be found. That is, if the person concerned uses an ID card, it can be found if he goes out without permission during the probation period.

    If the person sentenced to probation does not comply with the relevant probation provisions, the probation will be revoked if the circumstances are serious. During the probationary period of a suspended sentence, convicts shall comply with laws and administrative regulations, obey supervision, and leave the city or county where they reside or relocate, and shall report to the investigating organ for approval.

    Legal basis: "Criminal Law of the People's Republic of China" Article 75: Criminals who have been given a suspended sentence 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.

  4. Anonymous users2024-02-04

    Legal Analysis: It is easy to find that with the progress of science, there are now face recognition cameras everywhere, and it is easy to find out going out without permission. If it is discovered that they are working outside the house without permission during the period of probation, the judicial-administrative organ at the same level as their place of residence will submit a written recommendation for revocation of the suspended sentence or parole to the original adjudication people's court with relevant supporting materials, and the people's court shall make a ruling in accordance with law within one month of receiving it.

    Legal basis: "Criminal Law of the People's Republic of China" Article 75: Criminals who have been given a suspended sentence 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.

  5. Anonymous users2024-02-03

    If the party is blind enough to use the abrasive ID card, he can check the ID card information to go out during the probation period.

    During the probationary period of a suspended sentence, convicts shall abide by laws and administrative regulations, obey supervision, and report on their activities in accordance with the provisions of the organs.

    Complying with the regulations of the inspection organ on receiving visitors, leaving the city or county where they reside or relocating shall be subject to the approval of the inspection organ.

    Criminal Law of the People's Republic of China

    Article 75: [Provisions to be Followed by Suspended Offenders]Criminals who have been given a suspended sentence 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.

    Article 77: [Revocation of Suspended Sentences and Their 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 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.

    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.

  6. Anonymous users2024-02-02

    Probation: If you use your ID card, you can check out the outing. If you are on probation and there are no other restrictions on your personal freedom, it is perfectly fine to go out and play, and even if the police in another place find out their identity, they have no right to arrest or detain them. Probation is an endorsement of a repentant attitude, and during this time period, it is important not to reoffend with any luck, otherwise the crime will be added to the crime.

    [Legal basis]:

    Article 76 of the Criminal Law of the People's Republic of ChinaIt is stipulated that community corrections shall be carried out in accordance with law for criminals who have been given a suspended sentence during the probationary period of probation, and if there are no circumstances provided for in article 77 of this Law, the probationary period of probation is completed, and the original sentence shall not be enforced, and a public announcement shall be made.

  7. Anonymous users2024-02-01

    Probation if you use an ID card can find out that you are out.

    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 within a certain period of time, and is a suspension of the execution of the criminal punishment, and its enforcement form is to announce the conviction in advance and temporarily suspend the execution 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 suspended sentence is not a punishment, but a form of execution. Suspended sentences and suspended death sentences are very different concepts that need to be understood and applied.

    Probationers shall comply with the following provisions:

    1. Abide by laws and administrative regulations, and obey supervision;

    2. Report their activities in accordance with the regulations of the inspection organ;

    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.

    Effects of being given a suspended sentence:

    1.Although the criminals who were given a suspended sentence did not violate the provisions during the probation period, and Yuan Chunmeng's sentence will not be executed after the expiration of the probation period, the criminal punishment record will be left in the personal information, which is commonly referred to as the case record, and the certificate of no criminal record can no longer be issued;

    2.After being sentenced, you cannot apply for civil servant or public institution positions, and working in some private companies is usually affected to a greater or lesser extent;

    3.It will affect going abroad, because some visas or some countries require a certificate of no criminal record, after being sentenced, you will not be able to apply for a visa and enter the customs. If your children apply for the civil service examination, join the army, or join the party, they will also be affected.

    Conditions for the application of probation:

    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. This is a fundamental condition for the application of probation;

    3. Criminals are not recidivists. Recidivists who persist in repeated offenses and have a deep subjective malice are at risk of recidivism, and it is difficult to prevent them from committing new crimes by applying a suspended sentence.

    Criminal Law of the People's Republic of China

    Article 76: The Trial of a Suspended Sentence and Its Positive ConsequencesFor 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 not to be enforced, and it is to be publicly announced.

  8. Anonymous users2024-01-31

    Probation can be found out when you go out privately. During the period of probation, they shall periodically report on their activities and comply with the rules on meeting guests; Report to the judicial office on time, and go to the judicial bureau for land judgment or judicial office to go through the formalities of entering the correction; Participate in community service and intensive education as required; If you leave the house, change your residence or move to a new place, you should report it for approval in a timely manner.

    Article 75 of the Criminal Law: Criminals who have been given a suspended sentence 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 live or relocating shall be reported to the inspection organ for approval. 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.

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