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In the case of a suspended sentence, it is generally possible to be released in court, but there may be procedural issues that need to be addressed.
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If a suspended sentence is imposed, it may be released after the judgment takes effect, and will not be released in court.
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In accordance with the Criminal Law of the People's Republic of China
Article 72: [Applicable Requirements]Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions 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) 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.
Article 234, intentional bodily injury to another person shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph and causes serious injury is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years. Whoever causes death or serious injury by particularly cruel means, causing disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
To sum up, the sentencing standard for intentionally causing bodily harm to another person causing serious injury is between 3 and 10 years.
The primary condition for a suspended sentence is a fixed-term imprisonment of not more than three years.
Therefore, a suspended sentence does not apply to intentional injury causing serious injury!
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You can be released in court and go home, because it is a suspended sentence, you can not be sent to prison.
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Yes, as long as you perform well.
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Suspended sentences are generally not given for causing serious injury, and suspended sentences are only applicable to criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, and for causing serious injuries, they are generally sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, so suspended sentences are not applicable. Suspended sentences refer to the first conviction of an actor who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily does not enforce the sentence imposed.
Article 234 of the Criminal Law: Whoever intentionally harms the body of another person is to be sentenced to up to three years imprisonment, short-term detention, or chaining. Article 72 of the Criminal Law provides that a suspended sentence may be pronounced on the basis of the circumstances of the criminal's crime and his expression of remorse, based on the circumstances of the criminal's crime and his expression of remorse, where the application of a suspended sentence will no longer endanger society. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
Article 74 of the Criminal Law does not apply to probation for repeat offenders.
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Can a Suspended Sentence Be Imposed for Serious Injuries A person who is injured as a result of a fight and is assessed to be seriously injured constitutes the crime of intentional injury, which is not less than three years imprisonment in accordance with law. The new Criminal Procedure Law, implemented in 2013, introduced a criminal reconciliation system. If the criminal suspect and the victim reach an agreement on the issue of compensation and obtain the victim's forgiveness, the judicial organs may lenient, commute, or waive criminal punishment.
Accomplices have the opportunity to fight for probation. Legal basis: Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or seriously injures a person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions. In accordance with the provisions of the "People's Court's Sentencing Guiding Opinions (Provisional)":
3. For accomplices, circumstances such as their status and role in the joint crime, as well as whether or not they committed the crime, shall be comprehensively considered, and a lenient punishment shall be given, and the base sentence may be reduced by 20%-50%; where the crime is relatively minor, the base sentence may be reduced by 50% or more, or punishment may be waived in accordance with law. 9. Where the victim's economic losses are actively compensated, the base sentence may be reduced by up to 30% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, and the ability to compensate. 10. Where the forgiveness of the victim or their family is obtained, the base sentence may be reduced by up to 20% based on comprehensive consideration of circumstances such as the nature of the crime, the severity of the crime, the reasons for the forgiveness, and the degree of admission of guilt and remorse.
These are mitigating circumstances, but under normal circumstances, compensation and understanding can only be used for one, and compensation is generally used, which is reduced by 30 per cent. (2) Crimes of Intentional Injury 1. Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range based on the following different circumstances: (1) Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment.
2) Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 4 years imprisonment. (3) Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting point of the sentence may be determined within the range of 10 to 12 years of blind year imprisonment. Except where a sentence of life imprisonment or higher shall be given in accordance with law.
The solution of such problems needs to be negotiated with the victim, and the provisions of the law only provide constraints, so the specific solution needs to be reasonably negotiated by oneself, but under normal circumstances, as long as the compensation meets the requirements of the victim, then the relevant judicial department can carry out the judgment of probation, so you should pay more attention.
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Not a chance. See if the specific circumstances meet the conditions for probation. Probation conditions:
1) The subject of a suspended sentence must be a criminal sentenced to short-term detention or up to three years imprisonment. (2) The offender has truly shown repentance, and the application of a suspended sentence will indeed no longer endanger society, that is, the court finds that not being detained will not endanger society again. The above two are indispensable.
3) The Criminal Law stipulates that probation cannot be applied to repeat offenders, regardless of the length of their sentences. Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or seriously injures a person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions. Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
In judicial practice, if the criminal suspect has a good attitude in admitting guilt after intentionally causing serious injury, compensates the victim's losses, and obtains the victim's or the victim's close relatives' forgiveness, the three departments of the public security, procuratorate, and law may release the criminal suspect on guarantee pending further investigation if the criminal suspect applies or another person applies on his behalf. 1. According to the provisions of China's current laws, in any of the following circumstances, the judicial departments "may" or "shall" apply release on guarantee to the criminal suspect or defendant. (1) Where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who should be arrested in accordance with law, but are not suitable for arrest because they are suffering from serious illnesses, or who are pregnant or breastfeeding their own babies; (4) Where a criminal suspect who has already been detained in accordance with law is found to be necessary to be arrested after interrogation and review, but the evidence is insufficient. >>>More
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. >>>More
A criminal record generally refers to a person's record of past offences or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation. If a suspended sentence is imposed, it is also a criminal punishment and will leave a criminal record. >>>More
Based on the actual circumstances, during the period of probation, no further suspended sentence may be given, and based on the actual circumstances, where relevant legal provisions are violated during the period of probation, the suspended sentence is to be revoked and the actual sentence to be enforced in accordance with the provisions of law. >>>More
If the case is now handled as a public security case at the police station, then a case like this is generally mediation, and the compensation is basically determined according to the degree of injury suffered by both parties. If it has risen to the level of a criminal case, then there is a lot of emphasis on evidence, but your friend has an upside and a downside. It is advantageous that they are three people, and they go to your friend's house, and they are direct blood relatives (the strength of their testimony to each other should be discounted); The disadvantage is that after all, there is an old man injured, and your friend has not a single witness evidence. >>>More