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Article 70 of the Criminal Law: Where, after the judgment is announced, but before the execution of the sentence is completed, it is discovered that the convicted criminal has other crimes that have not been convicted before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment imposed in the two judgments before and after shall be decided in accordance with the provisions of Article 69 of this Law. The sentence that has already been served shall be counted in the new judgment decision.
Article 69 stipulates: Where a person commits several crimes before the judgment is announced, except where the death penalty or life imprisonment is imposed, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum short-term detention shall not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years if the total sentence is less than 35 years, and the maximum shall not exceed 25 years if the total sentence is more than 35 years.
Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced. Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention.
If the result of the combined punishment of several crimes no longer meets the conditions for probation, it is better for the person to seriously reform.
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Where a convict sentenced to a suspended sentence discovers that there are other cases that have not been sentenced during the probationary period of the suspended sentence, the court will revoke the suspended sentence, return the sentence to prison for enforcement, investigate and deal with other crimes, and combine the punishment for the multiple crimes with the original judgment.
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It is possible that the suspended sentence will be revoked and the punishment for several crimes will be combined.
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Legal Analysis: Definitely. The probation is based on whether the offender has had a significant adverse impact on the community in which he or she lives, and therefore the community is consulted. At the same time, it is also clearly stipulated that criminals must carry out community corrections in accordance with the law during the probationary period of probation.
Legal basis: "Criminal Law of the People's Republic of China" Article 76: For criminals who have been given a suspended sentence with a macro 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 no longer enforced, and it is to be publicly announced.
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Legal basis: "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 who meet the following conditions 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 on the basis of 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 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.
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Legal Analysis: Yes, those who have received education and reform, and have truly shown repentance and reform, or have meritorious service, may have their sentences commuted.
Legal basis: "Provisions of the Supreme People's Court on the Specific Application of Law in Handling Commutation and Parole Cases" Article 3 "Genuine expression of repentance" refers to the following conditions at the same time: (1) admitting guilt and repentance; (2) Comply with laws, regulations, and supervision rules, and accept education and reform; (3) Actively participate in ideological, cultural, and vocational and technical education; (4) Actively participate in labor and strive to complete excellent labor tasks.
Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they earnestly abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service; Where there are any of the following major meritorious contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; (2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; (3) There are inventions, creations, or major technological innovations; (4) sacrificing oneself to save others in daily production or life; (5) Outstanding performance in resisting natural disasters or eliminating major accidents; (6) Other major contributions to the state and society.
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Where community corrections subjects are given a suspended sentence, they may apply for a commutation in accordance with law. According to the provisions of the Criminal Law, criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, truly show repentance and reform, or make meritorious contributions.
Criminal Law of the People's Republic of China
Article 78.
Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or indefinite imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, and truly show repentance and reform, or have meritorious service;
The actual sentence to be served after commutation must not be less than the following periods:
1) Where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, it must not be less than half of the original sentence;
2) Where a sentence of life imprisonment is given, it must not be less than 13 years;
3) The people's courts are in accordance with this Law.
Criminal Law of the People's Republic of China
Article 50. Paragraph 2 provides that where a commutation is restricted for a criminal whose death sentence is suspended, the sentence must not be less than 25 years if the sentence is commuted to life imprisonment in accordance with law after the period of suspension is completed, and where the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the period of suspension of enforcement, it must not be less than 20 years.
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The community corrections probation judgment shall clearly indicate the period of community corrections, the provisions that persons in community corrections shall abide by, the prohibited matters and the legal consequences of violating provisions, the rights enjoyed by persons in community corrections in accordance with law and the rights they are restricted from exercising, the composition and duties of the corrections team, and other relevant matters.
[Legal basis].Article 72 of the Criminal Code.
Criminals sentenced to short-term detention or fixed-term imprisonment of less than three years 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 under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The crime is less serious than that of Bi Wang;
(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.
Article 76.
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, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced, and a public announcement is to be made.
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Definitely. According to the provisions of the Criminal Law of our country, the declaration of a suspended sentence should examine whether the offender has a major adverse impact on the community in which he or she lives, so the opinions of the community should be sought. At the same time, it is also clearly stipulated that during the probationary period of probation, Lu Split shall carry out community corrections in accordance with the law.
Definitely. According to the provisions of the Criminal Law of our country, the declaration of a suspended sentence should examine whether the offender has a major adverse impact on the community in which he or she lives, so the opinions of the community should be sought. At the same time, it is also clearly stipulated that criminals must carry out community corrections in accordance with the law during the probationary period of probation.
Article 72 of the Criminal Law: 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) 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.
According to the circumstances of the crime, criminals may be prohibited from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probationary period of probation.
The probationary period of probation refers to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, as well as pregnant women and criminals who have reached the age of 75 but are under the age of 18 and have: the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; When it is announced that the suspended sentence will not have a major negative impact on the community in which they live, the enforcement of the sentence already judged is to be suspended for a set period of time, and community corrections shall be accepted during this period, and if they are prohibited from engaging in specific activities, entering specific areas or venues, or contacting specific people, they shall also comply with the prohibition requirements. Suspended sentences apply only to the main sentence, and additional sentences do not apply to suspended sentences, which must still be enforced, and do not apply to repeat offenders and ringleaders of criminal groups. >>>More
Article 75: Criminals who have been given suspended sentences shall comply with the following provisions: >>>More
The implementation measures for community corrections are as follows: >>>More
The community is my home, and everyone loves her", which is a metaphor for the community as home, which is very appropriate. >>>More
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