Why do some people say that probation is the same as release ?????????????

Why is probation applied? The most fundamental thing is that, according to the circumstances of the offender's crime and his expression of remorse, the application of a suspended sentence will indeed no longer endanger society, and this is the essential condition for the application of a suspended sentence.

1.Suspended sentences are applicable to: offenders sentenced to short-term detention or fixed-term imprisonment of up to three years.

In other words, a suspended sentence may be applied to the offender who has been sentenced to the above-mentioned punishment. For example, if you perform well in that year and comply with the relevant provisions of the law, after one year, the two-year sentence will not be served again. However, probation may not be applied to repeat offenders.

2.The organ for probation is the public security organ, and the unit or basic-level organization to which it belongs is to cooperate. In layman's terms, it means that during the probation period, the public security organs will supervise your every move.

1) For convicts sentenced to short-term detention, the probationary period is not less than 1 year but not more than the original sentence, and the shortest sentence must not be less than 2 months.

2) For convicts sentenced to fixed-term imprisonment, the probationary period is not less than 5 years but not more than the original sentence, and the shortest must not be less than 1 year.

3) It should be noted that if a criminal who has been given a suspended sentence is sentenced to an additional sentence, the supplementary sentence must still be enforced.

4.Provisions to be observed during the probationary period of probation: Comply with laws and 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 reside or relocating shall be reported to the inspection organ for approval.

5.The effect of a suspended sentence is that upon the expiration of the probationary period, the original sentence will no longer be enforced and will be publicly announced.

However, probation may also be revoked in the following circumstances:

1) Where a convict who has been given a suspended sentence commits a new crime within the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the judgment is announced, the suspended sentence shall be revoked, a judgment shall be made for the new crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of the Criminal Law. (2) Where the offender who has been given a suspended sentence has conduct that violates laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences during the probationary period of the suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.

After the revocation, they must be sent to prison to serve their sentence.

If there is no excesses during the probation period, the fixed-term imprisonment will generally not be executed, which is basically equivalent to release, but do not generalize with the suspended execution of the death penalty.

Probation is actually to think that you still have a chance to save you, and another way of saying it in society is to give you a chance to pay for your life.

It's basically one.,It's just that you can't go out of the province or go abroad.,And there's a regular report.。

A suspended sentence is a suspension of the execution of a criminal punishment, which is aimed at a person who is sentenced to fixed-term imprisonment or criminal detention of less than three years, if the circumstances of the crime are relatively minor; Indeed, it has the expression of repentance for sin; There is no danger of recidivism; and where it is declared that the suspended sentence does not have a major adverse impact on the community in which they live, a suspension of enforcement may be applied, and in the case of minors, pregnant persons, and persons over the age of 75, a suspension of enforcement shall be carried out.

[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 requirements 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.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. 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. 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 the Criminal 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.

There are strict restrictions on the application of suspended sentences: for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, a suspended sentence may be declared 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.

Probation does not apply to recidivists and ringleaders of criminal groups. Legal basis: Article 72 of the Criminal Law of the People's Republic of China may announce a suspended sentence for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, 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) 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.

A suspended sentence of fixed-term imprisonment refers to a sentence of fixed-term imprisonment, but not to be sent to prison for enforcement, to serve the sentence in society, to obey management during the period of probation, and not to be sent to prison at the end of the period, and to complete the execution of the sentence.

A suspended execution of the death penalty means that the death penalty is imposed, but it is not carried out, and the death penalty is not carried out for two years, and at the end of the two-year probationary period, if the death penalty is not carried out if the crime is not committed, the sentence is changed to life imprisonment.

Suspend the execution, depending on your performance, if you behave well, you can reduce the sentence ......

To put it simply, a suspended sentence is to suspend the execution of a fixed-term imprisonment that should be enforced, that is, for those who have violated the criminal law, and it is confirmed that a crime has been constituted through legal procedures, and that the offender should be punished by criminal punishment, the conviction is first announced, and the sentence imposed is not served for the time being.

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 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.

Objects and conditions for the application of probation:

1. The subject of the suspended sentence must be a criminal who has been sentenced to short-term detention or fixed-term imprisonment of less than three years. This shows that criminals who have been sentenced to more than three years in prison cannot be given a suspended sentence.

2. The criminal has indeed shown repentance, and the application of a suspended sentence will indeed no longer endanger society, that is, the court believes that not being detained will not endanger society again. The above two are indispensable. In addition, the Penal Code stipulates that probation cannot be applied to repeat offenders, regardless of the length of their sentence.

Probationary period of probation. <>