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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.
Legal analysis
Suspended sentence refers to a system whereby the people's court finds that the original sentence may be suspended on the basis of the circumstances of the crime and the admission of guilt and expression of remorse for criminals sentenced to short-term detention or up to three years imprisonment, and provides for a probationary period for a certain period of time, and during the probationary period there are no legally prescribed circumstances for revocation of the suspended sentence, and the original sentence is no longer enforced. The suspended sentence has a criminal record, and it is impossible to join the army, take the civil service examination, or public institution, and cannot issue a certificate of no crime, which affects the political trial of children and relatives to join the party or the army; 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.
Legal basis
Criminal Law of the People's Republic of China
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.
Article 77: Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover 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 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.
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The probation period is to accept community corrections, and the nature is to serve a sentence, so according to the "Measures for the Implementation of Community Corrections", the judicial organ has the right to require you. Before your probation period ends, you will be asked to go through the formalities of de-correction. After the correction, you are a citizen in nature, and you belong to the placement of helpers and educators, and the placement of helpers and educators is mainly to help (there is no unified regulation on specific work in the whole country).
So you won't be forced to do anything.
In addition, please remind you that the period of placement and education is 5 years after the end of the probation, and if there is a recidivism during this period, the probation will not be applied.
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Legal analysis: At the end of the probation period, you need to go to the local judicial office to go through the formalities for release from community corrections. According to the provisions of the Criminal Law, criminals sentenced to probation are to undergo community corrections during the period of probation.
During the period of community corrections, they should make a monthly personal ideological report and volunteer labor, and if they need to ask for leave when they go out, the judicial office will make a written appraisal report based on the behavior of the person in community corrections during the corrections period, the evaluation situation, community opinions, and so forth, and place them. After the correction period is completed, the local judicial office will organize a declaration of release from social corrections for the corrections personnel, issue them a certificate of release from community corrections, and notify the adjudication organ. Where the probation evaluation period is completed and corrections are passed, the original sentence is no longer enforced.
Legal basis: Article 76 of the Criminal Law of the People's Republic of China: 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.
Measures for the Implementation of the Correction of the Royal District of the Shezao
Article 29: Before the completion of the community corrections period, persons in community corrections shall make a personal summary, and the judicial office shall make a written evaluation based on their performance, evaluation results, community opinions, and other circumstances during their period of community corrections, and make recommendations for their placement for mentoring.
Article 30: At the completion of the period for persons in community corrections, the judicial office shall organize the release of the community corrections announcement. The announcement is to be presided over by the staff of the judicial office, and is to be conducted publicly in accordance with the prescribed procedures. Based on the different circumstances of persons in community corrections, the judicial office shall notify the relevant departments, village (resident) committees, public representatives, the unit to which the persons in community corrections belong, and the family members, guardians, or guarantors of the persons in community corrections to participate in the announcement.
The matters to be announced shall include: reading out the evaluation opinion of persons in community corrections; Announce that the period for community corrections is complete, and release community corrections in accordance with law; where controlled release is to be given, the enforcement period is to be announced to be completed and the controlled release is to be lifted; Where a suspended sentence is announced, it is announced that the probationary period of the suspended sentence is complete, and the original sentence is no longer enforced; Where parole is adjudicated, the probationary period is announced to have expired, and the original sentence has been enforced. The county-level judicial-administrative organs shall issue a certificate of release from community corrections to persons in community corrections, and notify the decision-making organ in writing, and concurrently send a copy to the county-level people's procuratorate and public security organs.
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Need. The formalities that need to be completed after the completion of the probation period are clearly stipulated in the "Measures for the Implementation of Community Corrections".
Legal basis: Article 76 of the Criminal Law of the People's Republic of China: 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.
Article 29 of the "Measures for the Implementation of Community Corrections": Before the completion of the community corrections period, the community corrections bureau shall make a personal summary, and the judicial office shall make a written evaluation based on their performance, evaluation results, community opinions, and other circumstances during the period of community corrections, and make a recommendation for their placement.
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Legal Analysis: According to provisions, community corrections are to be carried out in accordance with law for criminals who have been given suspended sentences during the probationary period of probation. After the expiration of the suspended sentence, there is no need to go through the formalities, and the previous criminal law is considered to have been enforced, but it is best to report to the public security organ at the place of household registration, and the public security organ will announce and notify the people's court of the original judgment to the person.
Legal basis: Article 76 of the Criminal Law of the People's Republic of China: 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, and the probationary period of the suspended sentence is completed, the original sentence is no longer enforced, and it is to be publicly announced.
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Legal Analysis: Hello! Yes.
The formalities that need to be completed after the expiration of the probation period are clearly stipulated in the "Implementation Measures for Community Corrections of Nuclear Pickpockets".
Legal basis: Article 29 of the "Measures for the Implementation of Community Corrections" Before the completion of the period of community corrections, persons in community corrections shall make a summary of the person, and the judicial office shall make a written evaluation based on their performance, evaluation results, community opinions, and other circumstances during their period of acceptance of community corrections, and make recommendations for their placement of mentors.
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
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
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
After the expiration of the probation period, the local judicial department should issue relevant materials to the relevant departments, and of course notify them. If not, you can take the initiative to contact the local judicial department, the police station has no power, and you must go to the court or the court to handle it, but you can go to the court or the public security bureau to handle it, but after the expiration of the period, you are already free and can go out of the province. >>>More
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