How is a suspended sentence imposed? How can a suspended sentence be imposed?

In criminal judgments, whether to apply a suspended sentence is primarily determined by the judge based on the severity of the crime, the defendant's admission of guilt, and whether there is a danger to society.

The law stipulates: Article 72 of the Criminal Law [Conditions for Application] Criminals sentenced to short-term detention or fixed-term imprisonment of less than three years may be given a suspended sentence if they meet the following conditions 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 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.

According to Article 72 of the Criminal Law, a suspended sentence may be announced 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.

At the same time, according to article 74 of the Criminal Code: "Suspended sentences shall not be applied to repeat offenders and ringleaders of criminal groups.

Have a good confession of guilt, or are seriously ill and need to be admitted to the hospital**.

Legal analysis: (1) The criminal is sentenced to criminal detention or fixed-term imprisonment of not more than 3 years. (2) Based on the circumstances of the offender's crime and his expression of remorse, it is found that the application of a suspended sentence will no longer endanger society. (3) The offender is not a repeat offender.

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 fixed-term imprisonment of up to 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) 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, on the basis of the circumstances of the crime, at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to an additional sentence, the attached sentence must still be carried out.

According to the law, the conditions for a suspended sentence are: for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, and the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; Circumstances in which the probation is declared to have no significant adverse impact on the community in which the person lives is denied.

[Legal basis].

Paragraph 1 of 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 three years imprisonment and up to three years imprisonment who meet the following conditions at the same time, and shall be given a suspended sentence 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 suspended sentence is declared to have no major adverse impact on the community in which they live.

For offenders sentenced to fixed-term imprisonment of less than three years or short-term detention, a suspended sentence may be announced if the following conditions are met at the same time, and a suspended sentence shall be announced for offenders who are under the age of 18 and are pregnant, or the elderly who are at least 75 years old: 1. The circumstances of the crime are relatively minor; 2. The offender has shown remorse; 3. There is no risk of recidivism; 4. If a suspended sentence is announced, the offender will not have a major adverse impact on the community in which he or she lives. Suspended sentence refers to the system of conditionally not enforcing the sentence imposed on a convict who has been sentenced to a certain sentence for a certain period of time, and is a suspension of the execution of the criminal punishment, and its enforcement form is to announce the conviction in advance and temporarily suspend the execution of the sentence imposed on the perpetrator who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished.

A suspended sentence is not a punishment, but a form of execution. Suspended sentences and suspended death sentences are very different concepts that need to be understood and applied. "Criminal Law of the People's Republic of China" Article 78: Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life 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 is any of the following major meritorious contributions, the sentence shall be commuted:

1) Obstructing the major criminal activities of others; (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. 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 indefinite imprisonment is given, it must not be less than 13 years; (3) Where a people's court restricts commutation of a sentence in accordance with paragraph 2 of article 50 of this Law, and where the sentence is commuted to life imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 25 years, and where the sentence is commuted to 25 years imprisonment in accordance with law after the completion of the suspended period of enforcement, it must not be less than 20 years.

Legal Analysis: A suspended sentence can only be imposed if the following conditions are met:

1. The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than 3 years. Clause.

2. Based on the circumstances of the criminal's crime and his expression of remorse, it is found that the application of a suspended sentence will not cause harm to society again. This is an essential condition for the application of probation. That is to say, although some criminals have been sentenced to short-term detention or short-term fixed-term imprisonment, but the circumstances of their crimes and expressions of remorse cannot show that they will not be detained and will not endanger society, they cannot be given a suspended sentence.

Clause. 3. Criminals are not recidivists. Recidivists who do not change their ways, have a deep subjective malice, and are at risk of recidivism, it is difficult to prevent them from committing new crimes if they are subject to probation. Therefore, even if a repeat offender is sentenced to criminal detention or imprisonment for less than three years, a suspended sentence cannot be applied.

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 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.