Q: Should Li s probation be revoked?

should be revoked.

Probation is a system of conditional non-execution of the original sentence, probation offenders must comply with certain regulations during the probation period, and when probationers violate the conditions and obligations stipulated by law, they must be declared to have their probation revoked and the original sentence to be enforced. Article 77 of the Penal Code provides for three circumstances in which a suspended sentence may be revoked:

1 If a criminal who has been given a suspended sentence commits a new crime during the probationary period of the suspended sentence, the suspended sentence shall be revoked and a judgment shall be rendered for the new crime, and the sentence for the previous crime shall be determined in accordance with the provisions of article 69 of the Criminal Code. The probationary period of probation that has already been served cannot be counted towards the sentence of the new sentence. Whether a new offence committed during the probationary period is discovered during the probationary period or after the expiration of the probationary sentence does not affect the revocation of the probationary sentence.

As long as the statute of limitations for recidivism has not expired, the suspended sentence must be revoked first, and then the punishment for multiple crimes will be combined.

2 If, during the probationary period of a suspended sentence, a criminal who has been given a suspended sentence discovers that there are other crimes that have not been convicted before the verdict is pronounced, the suspended sentence shall be revoked, a judgment shall be rendered for the newly discovered crime, and the sentence for the two crimes shall be determined in accordance with the provisions of article 69 of the Criminal Law.

3 Where a convict who has been given a suspended sentence violates laws, administrative regulations, or the public security department's provisions on the supervision and management of suspended sentences during the probationary period of a suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced. Article 75 of the Criminal Code clearly stipulates the provisions that probationers should abide by during the probationary period, which is an obligation to be fulfilled by probationers and an expression of their sincere repentance and positive reform.

Answer]: A, B, C, Kai Qi D

Probation does not apply to repeat offenders and ringleaders of criminal groups; However, where the requirements for a suspended sentence are still met after the punishment for multiple crimes is combined, a suspended sentence may be applied. Option A is correct. Suspended sentences are applicable to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, and suspended sentences are not applied to criminals sentenced to controlled release.

Option B is correct. The "being sentenced to short-term detention or fixed-term imprisonment of less than three years" in the subject of probation is for the actual declared sentence, not the statutory sentence. Therefore, even if the statutory minimum sentence is five years imprisonment, a suspended sentence may be applied if the sentence is reduced to less than three years imprisonment.

Option C is correct. Those who are not recidivists or ringleaders of a criminal group may be given a suspended sentence as long as they meet the conditions for probation. If D was under the age of 18 when he committed the former offence, he would not be found to be a recidivist for the later offence, and therefore a suspended sentence may be applied to D.

Option D is correct. The correct answer to this question is ABCD.

It is up to the court to decide whether to revoke a suspended sentence during the probationary period. A suspended sentence will only be revoked if:

1. Serious violations of the law during the probation period;

2. Committing a new crime during the probation period;

3. Crimes omitted during the probation period.

[Legal basis].Article 77 of the Criminal Code.

Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked immediately, a judgment shall be made for the newly committed 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 this Law. Hungry years.

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.

Answer]: a, b, d

In the conditions for probation, "Dong has already been sentenced to short-term detention or fixed-term imprisonment of less than 3 years" refers to the declared sentence, not the statutory sentence; Moreover, "fixed-term imprisonment of less than 3 years" includes fixed-term imprisonment of 3 years, that is, the "following" here includes this number. Therefore, a suspended sentence may be applied to A. Therefore, option A is incorrect.

Where short-term detention and controlled release are combined, the short-term detention shall be carried out first, and then controlled release. Controlled release cannot declare the application of a suspended sentence, but short-term detention may declare the application of a suspended sentence. Therefore, option b is incorrect.

C was sentenced to deprivation of political rights for the crime of endangering the security of the state, and after the execution was completed, he committed the crime of terrorist activities, which is a special recidivist. Repeat offenders, probation is not applicable. Therefore, option C is correct.

Only recidivists and the ringleaders of criminal groups are not allowed to pronounce a suspended sentence. Even if D was 18 years old when he committed the crime of theft, he was only 17 years old when he committed the crime of robbery, so D is not a recidivist; Ding is also not a ringleader of a criminal syndicate and may be given a suspended sentence. Option d is incorrect.

Legal analysis: The revocation of a suspended sentence during the probationary period should be decided by the people's court, and the criminal who has been given a suspended sentence, during the probationary period of the probationary sentence, violates laws, administrative regulations, or the supervision and management provisions of the relevant departments on probation, or violates the injunction in the judgment of the people's court, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence shall be enforced.

Legal basis: Article 77 of the Criminal Law of the People's Republic of China: Where a criminal who has been given a suspended sentence commits a new crime 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 on the newly committed 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 this Law. Where criminals who have been given a suspended sentence repent during the probationary period of a suspended sentence, violating laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violating the injunction in a people's court's judgment, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.