What should I do if I am not remorseful in a suspended sentence?

If there is no repentance after a suspended sentence, then after the probation is completed, it will be carried out in accordance with the provisions before the probation, which means that there is no probation.

Now this person has been given a suspended sentence, but it seems that he has not yet realized his mistake, and now he still does not know repentance, so if he commits another crime, the law will deal with him quickly and severely, and let him repent and reform in prison.

Article 75 of the Criminal Law [Provisions to be Observed by Suspended Offenders] Criminals who have been given a suspended sentence 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 of the Criminal Law [Probation of Suspended Sentences and Their Positive Consequences] 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 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 [Revocation of Suspended Sentences and Their Disposition] 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 judgment is announced, the suspended sentence shall be revoked, a judgment shall be made on the new 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 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.

Improper suspended sentences may be remedied through channels such as appealing to the people's court at a higher level, applying to the court for a retrial, or applying for judicial supervision. A suspended sentence may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the requirements that the circumstances of the crime are relatively minor, that there is an expression of remorse, that there is no danger of recidivism, and that the announcement of a suspended sentence does not have a major adverse impact on the community in which they live. Article 72 of the Criminal Law provides that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, 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) Showing remorse and confession; There is no danger of reoffending; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

After being sentenced to probation, the offender should report to the judicial office and receive community corrections, and the process is as follows:

The offender should first report to the Bureau of Justice with the materials and a copy of the case. Then go to the judicial office to report and record. In the future, it will be enough to report on time and on time until the end of the probation.

1. What are the conditions to be met for the application of probation?

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

2. Based on the circumstances of the criminal's crime and expression of remorse, it is found that the application of a suspended sentence will no longer endanger society. 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 fixed-term imprisonment of less than three years, the circumstances of their crimes and their expressions of remorse cannot show that they will not be detained and will no longer endanger society, and they cannot be given suspended sentences.

3. Criminals are not recidivists and ringleaders of criminal groups. Recidivists who persist in repeated offenses and have a deep subjective malice are at risk of recidivism, and it is difficult to prevent them from committing new crimes by applying a suspended sentence. Therefore, even if a repeat offender is sentenced to criminal detention or imprisonment for less than three years, a suspended sentence cannot be applied.

2. What are the rules that need to be followed during the probation period?

1. Abide by laws and administrative regulations, and obey supervision;

2. Regularly report their activities to the organ enforcing the suspended sentence in accordance with regulations;

3. Abide by the regulations of the inspection agency on receiving visitors;

4. Leaving the city or county where they live or relocating shall be reported to the inspection authority for approval.

What happens after a suspended sentence.

1. The process of the Justice Bureau after the sentence of probation: bring the materials and copies to the Justice Bureau to report and record. Then go to the judicial office to report and record. It's okay to report on time until the end of probation.

2. 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, or contacting specific persons during the probationary period of the suspended sentence.

Legal basis

Criminal Law of the People's Republic of China

Article 77, paragraph 1.

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 for the newly committed 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.

Whether or not a suspended sentence can be given depends on whether the offender meets the statutory conditions for a suspended sentence, and there is no necessary connection with whether or not the victim's forgiveness is obtained. That is, even if the victim does not forgive, if the offender meets the statutory conditions for probation, a suspended sentence can be imposed in accordance with the law.

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 imprisonment for a period of not more than three years, and those 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 declaration of a suspended sentence will not have a major adverse impact on the community and ethnic front area in which they live.