Can a second probation be imposed? Can a second offense be given a suspended sentence

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

    Probation depends on the main sentence, and if there are two sentences, there can naturally be two suspended sentences.

  2. Anonymous users2024-02-09

    Owing to insufficient information provided, it was not possible to determine whether a suspended sentence could be imposed.

    Article 72 of the Criminal Law of the People's Republic of China: Where criminals sentenced to short-term detention or up to three years imprisonment are given a suspended sentence based on the circumstances of the criminal's crime and their expressions of remorse, a suspended sentence may be announced.

    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: 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 of a suspended sentence is calculated from the date on which the judgment is determined.

    Article 74: Suspended sentences are not to be applied to repeat offenders.

    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.

  3. Anonymous users2024-02-08

    Legal Analysis: Where the conditions for applying a suspended sentence are met, a suspended sentence may be given. The specific conditions are:

    1. Sentenced to short-term detention or fixed-term imprisonment of not more than three years.

    2. The circumstances of the crime are relatively minor.

    3. Showing remorse.

    Fourth, there is no danger of reoffending.

    5. The declaration of a suspended sentence has no significant adverse impact on the community in which it resides. Lead shirts.

    Sixth, it is difficult to sell and not a recidivist.

    Legal basis: "Criminal Law of the People's Republic of China" Article 74: Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.

  4. Anonymous users2024-02-07

    A suspended sentence cannot be given a second time, as follows:

    1. Suspended sentence refers to a punishment in which a certain probationary period is given, the criminal punishment is temporarily not enforced, the public security organs conduct an investigation, the grassroots organizations cooperate with Qiaochenpei, and the prisoner accepts the test. No further probation can be imposed while on probation;

    2. According to the relevant laws of our country, if a criminal sentenced to a suspended sentence commits a new crime during the probationary period of the suspended sentence, or finds that there are other crimes that have not been sentenced before the verdict is pronounced, the probation sentence will be revoked. If a new crime is committed during the probationary period of probation, violating laws and regulations, and the circumstances are serious, the offender will have the suspended sentence revoked and the original sentence enforced.

    Legal basisArticle 77 of the Criminal Law of the People's Republic of China.

    Revocation of Suspended Sentence and Its 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 for the new 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.

    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.

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