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Hello: According to Article 72 of the Criminal Law of China:
For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced based on the circumstances of the criminal's crime and expressions of remorse, where the application of a suspended sentence truly does not cause any further harm to society. Suspended sentences are not to be applied to fixed-term imprisonment of more than three years.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
A suspended sentence means that the sentence is not carried out for the time being, but is sent home for observation for a few years, and if there is no other criminal act during this period, the person is considered to have reformed and does not need to go to jail again, and the previous sentence is automatically cancelled. And if the prisoner shows no signs of repentance during this period, he will still serve his sentence. For example, "three suspended sentences and four suspended sentences" means that the court sentences them to three years in prison and puts them home for four years, and if they do not commit any crimes within four years from the date of the judgment, they will be exempted from the three-year prison sentence.
Suspended sentences are the embodiment of the principle of proportionality of crime and punishment. The provision of suspended sentences can broaden the scope of sentencing, further divide the punishment into different levels, and help to enable those who have committed less serious crimes to obtain relatively appropriate punishments, thereby contributing to the rehabilitation of offenders and to educating and warning the public.
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At home, probation is enforced, which only restricts freedom and does not interfere with work.
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Yes, if a person is sentenced, it means that the person must have committed a crime, and he must have directly violated the law. That's why the sentence will be imposed.
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Not necessarily, some may have been wronged, so the sentence is not necessarily a crime, but it is still necessary to analyze the specific situation.
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Yes, definitely. Because the specific punishment is judged according to the severity of the crime, the sentence must be a crime.
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1. The sentencing standards for the crime of bribery are as follows: (1) Those who commit the crime of offering bribes shall be sentenced to fixed-term imprisonment of not more than five years or detention for mountain service; (2) Where bribery is used to obtain improper benefits, and the circumstances are serious, or where the interests of the state suffer major losses, a sentence of between 5 and 10 years imprisonment is to be given; (3) Where the circumstances are especially serious, or where the interests of the state suffer especially heavy losses, a sentence of 10 or more years imprisonment or life imprisonment is to be given.
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Sentencing refers to the criminal punishment imposed by the court on the criminal in accordance with the law. There are various types of crimes, and there are different circumstances in each type of crime, and the law has made different provisions on punishment. For example, the Criminal Law stipulates that if the amount of public or private property defrauded reaches a relatively large amount, a sentence of up to three years imprisonment, short-term detention or controlled release shall be imposed.
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1. The investigation hall is promoted to a paragraph: The public security organs may criminally detain current criminals or major suspects.
II. Review for Prosecution Phase: When reviewing a case, the people's procuratorate shall interrogate the criminal suspect and hear the opinions of the victim and the criminal suspect or the person entrusted by the victim.
III. Trial Phase: After the people's court conducts a review of the case in which a public prosecution has been initiated, it shall decide to try the case where there are clear facts of the alleged crime in the indictment and a catalogue of evidence, a list of witnesses, and a copy of the evidence or evidence of the main evidence.
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In criminal cases, it is not necessary that the investigation will be sentenced, and it shall be analyzed on the basis of the specific circumstances of the case. For public prosecution cases, if the procuratorate does not deserve to prosecute Sun Yu during the review and prosecution stage, and the criminal suspect is exempted from criminal punishment, he will not be sentenced; In private prosecution cases, if the private prosecutor and the defendant reach a settlement, the private prosecutor will not be sentenced if he withdraws the prosecution; During the trial phase, if the court finds that the facts of the case are unclear and the evidence is insufficient, it may also render a not-guilty verdict.
Article 16 of the Criminal Procedure Law: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.
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Sentencing or sentencing is not exactly a sentence. Sentencing refers to criminal justice activities in which the people's courts, on the basis of the criminal law and on the basis of determining the crime, determine whether to impose a criminal penalty on the offender, what kind of punishment to impose, and multiple punishments to impose, and decide whether the sentence to be immediately enforced. Therefore, the sentencing is not a sentencing and is a sentence entirely.
Legal basis] Article 63 of the Criminal Law, where criminals have mitigating circumstances provided for in this Law, they shall be sentenced to a punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed Zheng Pi sentencing range.
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