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According to the provisions of China's Criminal Law, a suspended sentence is a criminal punishment system in which a criminal who has been sentenced to short-term detention or fixed-term imprisonment of less than three years and does not endanger society again, and within a certain period of probation, if he has not committed a new crime, or has not been found to have omitted a crime, or has not violated laws, regulations, or relevant provisions, the probationary period of probation is completed, and the original sentence will not be enforced.
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If the convict is not sentenced to actual punishment, as long as the convict does not have the circumstances provided for in Article 77 of the Criminal Law within five years, and the probationary period of probation expires, the original sentence of three years imprisonment will no longer be enforced.
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Legal Analysis: Suspended sentencing, also known as suspended sentencing, refers to the first conviction of the perpetrator who has violated the criminal law and is confirmed to have constituted a crime and should be punished by legal procedures, and temporarily does not carry out the sentence imposed. A system in which a specific investigation 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 on the basis of the offender's performance during the probationary period.
Among them, the suspended sentence of the death penalty shall be carried out in prison, and the suspended sentence of life sentence (such as fixed-term imprisonment) shall be carried out outside of prison, and if the law and relevant provisions can be complied with during the period of probation, the death sentence shall be commuted after the completion of the suspended sentence, and the life sentence shall not be enforced.
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 if they 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: the circumstances of the crime are relatively minor, there is remorse, there is no risk of recidivism, and the suspended sentence is declared not to have a major negative impact on the community in which they live.
Suspend the execution of a sentence that has already been imposed for a certain period of time.
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Legal Analysis: Suspended sentence, the full name of suspended sentencing, also known as liquid model suspended sentencing, refers to the first conviction of the perpetrator who has violated the criminal law and has been confirmed to have constituted a crime and should be punished by legal procedures, and temporarily does not carry out 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 or not to apply a specific punishment in accordance with the law based on the convict's performance during the probationary period.
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 if they meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18 of the Xiang nationality, 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.
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