Is it possible to give a suspended sentence for the crime of picking quarrels and provoking troubles

The conditions for the application of a suspended sentence have nothing to do with whether the other party forgives, and whether a suspended sentence can be given depends on whether the conditions are met

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 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) 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.

If the understanding has been obtained before the court accepts the case, then the subject of the intentional injury does not need to bear any criminal responsibility if the victim does not prosecute. How does the court decide if there is a letter of understanding for minor injuries in the second degree? If the party has obtained the victim's forgiveness after the incident, the court may, at its discretion, impose a lighter punishment on the party and announce a suspended sentence at the same time.

Minor injuries in the second degree will generally be sentenced to about one year in prison, and a suspended sentence may be announced. There is no penalty to pay. 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.

Legal Analysis: Picking quarrels and provoking troubles is punishable by up to five years in prison, and the starting sentence for causing minor injuries is one year and six months to less than three years, and the sentencing will be reduced by up to 40% if the other party forgives them.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

A suspended sentence may be given if the person is sentenced to fixed-term imprisonment of not more than three years or short-term detention, and at the same time meets the other applicable conditions of "suspended sentence for blindness": 1. The circumstances of the crime are relatively minor; 2. The parties have shown repentance, admitting their mistakes, etc.; 3. It is unlikely that they will commit another crime; Fourth, the application of probation will not have any significant adverse effects, especially in the community in which they live. Article 67 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances:

1) Where a controlled release, short-term detention, or additional punishment might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) Where the period of detention has expired and the case has not yet been completed, and it is necessary to take Huaidong bail pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.