Sentenced to one year of probation for one and a half years, what is the length of my probation

Updated on society 2024-03-14
4 answers
  1. Anonymous users2024-02-06

    Control is a principal punishment provided for in China's Criminal Law, which is adjudicated by the people's courts and enforced by the public security organs. Controlled release means that criminals are not detained, but their freedom is restricted, and community corrections are carried out in accordance with the law. The time limit is between 3 months and 2 years, and the combined punishment for multiple crimes must not exceed 3 years.

    Suspended sentences refer to the first conviction of an actor who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily does not enforce the sentence imposed. In other words, the application of a suspended sentence is to consider the criminal's expression of remorse on the premise that the criminal has already been sentenced to a criminal punishment, determine whether he will indeed not endanger society in society, and decide whether to enforce the punishment. The difference between surveillance and probation is as follows:

    First, the nature is different. Control is a method of punishment, and probation is a method of execution of punishment; Second, the way of implementation is different; Third, the consequences are different. At the end of the period of controlled release, the enforcement organ shall immediately announce to the controlled convict and the people in his unit or place of residence that the controlled convict has been lifted from control and that his personal liberty has been fully restored.

    Where a probationary offender commits a new crime during the probationary period of a suspended sentence, or a new crime is discovered, or an ordinary illegal act is discovered, or the circumstances are serious, the suspended sentence shall be revoked, and the punishment for multiple crimes shall be combined or the original sentence shall be enforced in accordance with law, and where the probationary prisoner does not have the above three circumstances during the probationary period, the original sentence shall not be enforced at the completion of the probationary period.

  2. Anonymous users2024-02-05

    Suspended sentences are a system whereby criminals who are sentenced to a certain penalty are conditionally not executed for a certain period of time if they meet the legal requirements. Article 67 of the Criminal Law stipulates: "A suspended sentence may be declared for a criminal sentenced to fixed-term imprisonment of less than three years who, on the basis of the circumstances of the criminal's crime and his expression of remorse, finds that the application of a suspended sentence will no longer endanger society."

    Suspended sentences are not a type of criminal punishment, but are only a system for enforcing criminal punishments, and it refers to a criminal punishment enforcement system in which the people's courts find that the original sentence may be suspended on the basis of the circumstances of their crimes and their admission of guilt, admission of guilt, and expressions of remorse, and stipulate a probationary period for a certain period of time, during which there are no legally prescribed circumstances for revocation of suspended sentences, and the original sentence is no longer enforced.

    To put it simply, you don't have to go to jail, but at home.

  3. Anonymous users2024-02-04

    It's a year and a half, it's useful, it's a test period.

  4. Anonymous users2024-02-03

    Legal Analysis: The shortest sentence for a suspended sentence of one and a half years is two months. The probationary period of a suspended sentence refers to a certain period of time during which the offender who has been given a suspended sentence is examined.

    In order to test whether the offender complies with such conditions, it is necessary to determine a period of time for the offender to be tested at the same time as the suspended sentence is decided, which is the probationary period of the suspended sentence. The probationary period of short-term detention must not be less than two months and must not exceed one year at the longest, and the probationary period of a suspended sentence for fixed-term imprisonment must not be less than one year and must not exceed five years, and within this range, the probationary period of probation is equal to or longer than the original sentence.

    Legal basis: Article 73 of the Criminal Law of the People's Republic of China: The probationary period of a suspended sentence for short-term detention is not more than one year but not less than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year.

    The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.

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