What is the definition of a suspended sentence in sentencing

These two years are used for probation and probation of the person subject to execution.

If, within these two years, the person subject to enforcement has not committed any violations of the law or serious violations, then after the two-year probation period, the two-year fixed-term imprisonment imposed on the person subject to enforcement will be exempted from execution. If there is another violation of the law during the two-year probation period, the probationary period of the probation sentence will be immediately revoked and the fixed-term imprisonment will be immediately executed

It is supplemented that there are conditions for a suspended sentence to be given, and a suspended sentence can only be applied if the sentence is sentenced to fixed-term imprisonment of less than 3 years or short-term detention. In addition, recidivists cannot be subject to probation, and other types of punishment cannot be applied.

To put it simply: it is a first-time offender who has been sentenced to less than three years.

Or he is guilty of a crime, but he is morally and socially recognized. For example, the son is guts, the bully is on the side, and Lao Tzu kills his relatives ...... righteousnessBut it also depends on the specificity of the case.

Reprieve: Not a death row prisoner who needs to be executed immediately. In addition to being really intolerable, the heinous people are generally reprieving death.

Article 75: Criminals who have been given suspended sentences shall comply with the following provisions:

1) Comply with laws and administrative regulations, and obey supervision;

2) Report their own activities in accordance with the provisions of the inspection organ;

3) Comply with the regulations of the inspection agency on receiving visitors;

4) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

Article 76: During the probationary period of a suspended sentence, criminals who have been given a suspended sentence are to be inspected by the public security organs, and the unit or basic-level organization to which they belong is to cooperate, 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 not to be enforced, and a public announcement is to be made.

Article 77: Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the new crime or 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 a criminal 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.

Where two years of sentence are to be served outside of prison, and there is no criminal conduct during the two years, it is to be regarded as the completion of the sentence.

Legal Analysis: A suspended sentence is the meaning of a suspended execution of a court decision. 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.

Legal basis: Criminal Law of the People's Republic of China

Article 73: The probationary period for short-term detention is between one year and not more than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year. The probationary period for probationary sentences is calculated from the date on which the judgment is determined.

Article 76: For criminals who have been given a suspended sentence, during the probationary period of the suspended sentence, corrections are to be carried out in accordance with law, and if there are no circumstances provided for in article 77 of this Law, and at the end of the probationary period of the suspended sentence, the original sentence is to be split and the punishment is to be publicly announced.

A sentence of 3 years with a 2-year suspension refers to the court's judgment of 3 years imprisonment, and Zao Han temporarily does not enforce the punishment, and during the 2-year probationary period of probation, if there is no illegal or criminal conduct, the provisions of the probationary period of the suspended sentence are complied with, and the punishment will not be enforced after 2 years.

Article 77 of the Criminal Law: 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, 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 decided in accordance with the provisions of article 69 of this Law. Criminals who have been given a suspended sentence shall revoke the suspended sentence and enforce the original sentence if they violate laws, administrative regulations, or the provisions of the relevant departments on the supervision and management of suspended sentences during the probationary period of the suspended sentence, or violate the injunction in the judgment of the People's Court, and the circumstances are serious.

A suspended sentence is the meaning of a suspended execution of a court decision. Suspended execution is a measure whereby a certain period of time is suspended for offenders who have been sentenced to short-term detention or fixed-term imprisonment of less than three years in accordance with the law, as well as Kuanliangyuan offenders who have been sentenced to a suspended death sentence.

The probationary period for a suspended sentence shall be calculated from the date on which the judgment is determined, and the so-called date on which the judgment is determined is the date on which the judgment takes legal effect; The other is the date on which the judgment of the people's court of second instance is determined. The period of probation is not to be deducted from the period of probation for detention prior to sentencing. This is because the period of detention can be deducted from the sentence, and the probation test is indeed not the sentence.

After the first-instance verdict is pronounced, there is no longer any need to detain criminals whose sentences have been suspended. If the criminal is still in custody before the judgment takes legal effect, the first-instance trial court may first make a decision to modify the compulsory measures to residential surveillance or release on guarantee pending further investigation, and notify the relevant public security organs, and after the judgment takes legal effect, the public security organs are to lawfully hand over the criminals to their units or basic level organizations for investigation.

[Legal basis].

Article 76 of the Criminal Law of the People's Republic of China is to carry out community corrections in accordance with law for criminals who have been given a suspended sentence 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. 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 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, 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.

A suspended sentence is the meaning of a suspended execution of a court decision.

1.A suspended sentence is a measure that provides for a certain period of suspension of the execution of a criminal sentence for a person who has been sentenced to short-term detention or fixed-term imprisonment of less than three years in accordance with the law, as well as for a person who has been sentenced to a suspended death sentence.

2.The probationary period for a suspended sentence shall be calculated from the date on which the judgment is determined, and the so-called date on which the judgment is determined is the date on which the judgment takes legal effect; It includes two situations, one is the second day of the expiration of the statutory appeal and counter-appeal of the first-instance judgment in which no appeal or counter-appeal has been filed.

3.One is that on the date on which the judgment of the second-instance trial court is determined, the date of detention before the judgment is made is not to be deducted from the period of probation. Because the term of detention can be deducted from the collapse of the sentence, but the probation test is not the sentence.

4.Suspended sentence refers to a system whereby a person who has been sentenced to a certain penalty is given a certain penalty and conditionally does not carry out the original sentence within a certain period of probation if the statutory conditions are met.

5.That is, it does not violate article 75 of the Criminal Code within five years of the suspended sentence, and in layman's terms, it means that the three-year prison sentence will not be served if it does not do anything bad again.