What is the difference between immunity from criminal punishment and probation

Difference Between Exemption from Criminal Punishment and Probation: Although probation can also be regarded as a conditional exemption from punishment for criminals, it differs from exemption from criminal punishment in the following ways:

1. Exemption from criminal punishment means that only the defendant is convicted in accordance with the law, but no criminal punishment is imposed; A suspended sentence means that the defendant must be convicted and sentenced at the same time, but the sentence imposed will not be executed for the time being.

2. The application of exemption from criminal punishment is based on the fact that the circumstances of the criminal's crime are minor and no criminal punishment is required; The application of suspended sentences is mainly based on the circumstances of the criminal's crime and his expression of remorse, and it is believed that the application of suspended sentences will indeed not endanger society again.

Legal basis] Article 72 of the Criminal Law stipulates that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence 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 difference is as follows: Exemption from criminal punishment refers to the decision of the judicial organ not to pursue criminal responsibility in accordance with the law because the circumstances of the crime are minor.

Suspended sentences refer to the pursuit of criminal responsibility for the offender and punishment in accordance with law, however, the punishment given is not immediately enforced, but is first tested, and if there is no illegal conduct during the prescribed probationary period, the original sentence is not to be enforced after the suspension is over.

Legal Analysis: Not Included. The differences are as follows:

Exemption from criminal punishment refers to a decision by the judicial organ not to pursue criminal responsibility in accordance with law because the circumstances of the crime are minor. Suspended sentences refer to the pursuit of criminal responsibility for the offender and punishment in accordance with law, however, the punishment given is not immediately enforced, but is first tested, and if there is no illegal conduct during the prescribed probationary period, after the suspension is over, the original sentence is not enforced.

Legal basis: 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 fixed-term imprisonment of less than three years 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.

A suspended sentence may be announced based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probation period. If a criminal who has been sentenced to a suspended sentence is sentenced to an additional sentence, the additional sentence must still be enforced.

Although a suspended sentence can also be regarded as a conditional exemption from the punishment of criminals, it has the following differences from exemption from criminal punishment: 1. Exemption from criminal punishment means that only the defendant is convicted in accordance with the law, but no criminal punishment is imposed; A suspended sentence means that the defendant must be convicted and sentenced at the same time, but the sentence imposed will not be executed for the time being. 2. The application of exemption from criminal punishment is based on the fact that the criminal's crime of committing the crime of disorderly jujube pants is minor and does not need to be punished; The application of suspended sentences is mainly based on the circumstances of the criminal's crime and his expression of remorse, and it is believed that the application of suspended sentences will indeed not endanger society again.

3. There is no question that a criminal who has been exempted from criminal punishment by Yansheng has been sentenced, and there is no possibility that he will be sentenced to a crime for which he has been exempted from criminal punishment. However, if a probationer has indeed been sentenced to a certain sentence, although a suspension of execution is declared, the possibility of enforcement is retained, that is, whether or not to enforce the original sentence depends on whether the offender commits a new crime, discovers a crime that has been omitted, or seriously violates the relevant supervision and management provisions during the probationary period of probation. Even if the probationary period of probation has expired and the original sentence has not been carried out, it does not change the fact that he has been sentenced.

4. Even if a criminal who is exempt from criminal punishment commits a new crime or is found to have omitted a crime, there is no question of applying combined punishment for multiple crimes, because the previous crime was not sentenced in the first place; However, if a person who commits a new crime or is found to have omitted a crime during the probationary period, the suspended sentence shall be revoked and the sentence determined in the original judgment shall be combined with the sentence for the new crime or the crime that was discovered to have been omitted. Article 72 of the Criminal Law of the People's Republic of China68 A suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence 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 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.