Does the new law stipulate that probation is not allowed

Updated on society 2024-05-17
5 answers
  1. Anonymous users2024-02-10

    Impossible, no cancellations.

    Article 72 of the Criminal Law [Conditions for Application]Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions 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 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.

    Article 73: [Probationary Period]The probationary period for a suspended sentence of short-term detention is not more than one year from 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 of a suspended sentence is calculated from the date on which the judgment is determined.

    Article 74: [Suspended sentences are not applicable to recidivists]Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.

    Article 75: [Provisions to be Complied with by Probationers]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: [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 a public announcement is to be made.

    Article 77: [Revocation of Suspended Sentences and Their Disposition]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 on the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be decided to be enforced 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.

  2. Anonymous users2024-02-09

    There is no provision for the abolition of probation.

  3. Anonymous users2024-02-08

    Without this provision, whether or not a suspended sentence depends on the circumstances of the crime.

  4. Anonymous users2024-02-07

    Those who are not eligible for probation are recidivists and ringleaders of criminal groups. The law clearly states that probation does not apply to repeat offenders and ringleaders of criminal groups. Therefore, if the offender qualifies for probation, but the recidivism and the ringleader of the criminal group, probation is not applicable.

    [Legal basis].Article 72, paragraph 1 of the Criminal Law of the People's Republic of China.

    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.

    Article 74.

    Probation does not apply to repeat offenders and ringleaders of criminal groups.

  5. Anonymous users2024-02-06

    The law provides that suspended sentences are not to be imposed in the following circumstances: 1. Suspended sentences are not applicable to repeat offenders; 2. Suspended sentences are not applicable to the ringleaders of criminal groups; 3. Suspended sentences are not applicable to criminals sentenced to fixed-term imprisonment of three years or more or life imprisonment; 4. After being criminally punished or punished for infringing intellectual property rights, the second infringement of intellectual property rights constitutes a crime.

    [Legal basis].

    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 up to 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) Showing remorse and malpractice; 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. Article 74 does not apply to probation for recidivists and ringleaders of criminal groups.

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