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During the probation period, you need to cooperate with the public security organs or the court to carry out relevant work, if you refuse, you may be detained (that is, forcibly called over), and if the circumstances are serious, the probation will be revoked and the sentence will be sent to prison for execution.
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Criminal law. 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;
Article 76: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence 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 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.
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.
First of all, you must obey the supervision of the inspection agency, if the violation of the supervision regulations is serious, the probation may be revoked and the original sentence will be enforced.
Second, if your probation period expires and the investigating authority asks you to inquire about it, it should be to examine your performance during the probation period, and if there is no violation of laws and regulations, the original sentence will not be enforced, and it will be publicly announced.
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1. Is it completely fine when the probation period expires?
1. It's fine after the probation is over. After the completion of a suspended sentence, the probationary period of the suspended sentence is completed in accordance with the provisions of the Criminal Law of the People's Republic of China, and the original judgment and punishment are no longer to be enforced, and the enforcement organ shall make a public announcement. Therefore, attention should be paid to having community corrections establishments issue relevant announcements, so as to facilitate normal life and work in the future, and to preserve lawful rights and interests.
2. Legal basis: Article 77 of the Criminal Law of the People's Republic of China.
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 to be enforced if they violate laws, administrative regulations, or the relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the judgment of the people's court, and the circumstances are serious.
2. What formalities need to be completed after the expiration of the probation period.
The formalities that need to be completed after the expiration of the probation period are:
1. At the completion of the corrections period for corrections personnel, the judicial office shall organize the release of the community corrections announcement. The announcement is to be presided over by the staff of the judicial office, and is to be conducted publicly in accordance with the prescribed procedures;
2. Based on the different circumstances of persons in community corrections, the judicial office shall notify the relevant departments, village residents' committees, public representatives, the unit to which the persons in community corrections belong, and the family members, guardians, or guarantors of the persons in community corrections to participate in the announcement;
3. Matters to be announced shall include: reading out the evaluation opinions of persons in community corrections; Announce that the period for community corrections is complete, and release community corrections in accordance with law; where controlled release is to be given, the enforcement period is to be announced to be completed and the controlled release is to be lifted; Where a suspended sentence is announced, it is announced that the probationary period of the suspended sentence is complete, and the original sentence is no longer enforced; where parole is awarded, the probationary period is announced to be completed and the original sentence is completed;
4. The county-level judicial-administrative organs shall issue a certificate of release from community corrections to persons in community corrections, and notify the decision-making organ in writing, and concurrently send a copy to the county-level people's procuratorate and public security organs.
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After the probation period expired, he did not receive any notice from the local police station, and he needed to report to the judicial bureau. Convicts sentenced to suspended sentences shall be subject to community corrections in accordance with law. The agency responsible for community corrections is the Bureau of Justice.
The Judicial Office undertakes the daily work of correction in this district. Within 10 days of the judgment taking effect, they must report to the Judicial Bureau, and within 3 days after the Judicial Bureau receives it, they must go to the designated judicial office to receive community corrections. If you do not report on time, the Bureau of Justice can warn, and if you do not report for more than one month, you can apply to the court to revoke the suspended sentence.
After registration, they should report regularly on their acceptance of supervision and management, participation in education and study, community service and social activities.
Probation Applicable Conditions:
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. Showing remorse;
3. There is no danger of recidivism;
4. The probation has no significant adverse impact on the community in which it 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.
Legal basis] Article 75 of the Criminal Law of the People's Republic of China: 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 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 more than five years above the original sentence, but not less than one year.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.
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sentenced to three years in prison with a three-year probation", a more standardized term is to sentence to three years in prison with a three-year reprieve.
Of course, there is a simpler name - "sentence three and delay three".
What exactly does a three-year suspended sentence mean? Do you want to go to jail or not?
In layman's terms, it is to sentence a three-year prison sentence, but at present, there is no need to go to prison to serve the sentence immediately, but to suspend it for a period of time before execution, for example, the sentence of three suspended three is to suspend it for three years, give a three-year probation period, and then decide whether to enforce it depending on the situation.
If the tremor fruit does not violate the relevant laws and regulations during the probation period, then the original sentence of imprisonment will not be enforced, and the person concerned will not have to go to prison.
However, if the relevant legal provisions are violated, the suspended sentence shall be revoked and the original sentence shall be continued.
If a new crime is committed during the probationary period, a judgment will be rendered on the trial of the new crime, and the new crime and the previous crime will be punished as several crimes.
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Sometimes it's called! When there is a need.
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According to what you said, it should be that the sentence is almost over, and it stands to reason that the formalities are over. And if you didn't commit any crimes during the probation, you should be fine.
If you continue to be imprisoned and detained, there are two possibilities, one is to find out if your friend has confessed to a new crime, or someone else will be caught and spit him out, and you need to continue to be detained and examined. Now he's been exposed or detected.
The second is that the sentence is about to be in place, the unspoken rules in the prison, you are about to go through the formalities, you don't have the meaning of entrusting someone to do it, and you are really coaxed by the old man's cowhide, I will order you to come back, and lock you up for seven or eight days, and the family will send money over as soon as the family is in a hurry, so everyone will be safe.
It is recommended that you go to the prison as soon as possible to inquire about these two ideas, or ask an acquaintance at the local police station to see what is going on.
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China's law stipulates that community corrections shall be carried out for persons on probation, and upon the completion of the probationary period of probation, the original sentence shall not be enforced, and a public announcement shall be made, and the specific declaration procedures shall be as follows:
Article 76 of the Criminal Law: Community corrections are to be carried out in accordance with law for criminals who have been given a suspended sentence 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.
Measures for the Implementation of Community Corrections Article 29: Before the completion of the period for community corrections, persons in community corrections shall make a personal summary, and the judicial office shall make a written evaluation based on their performance, evaluation results, community opinions, and other circumstances during their period of receiving community corrections, and make recommendations for their placement.
Article 30: At the completion of the period for corrections for persons in community corrections, the judicial office shall organize the release of the community corrections announcement. The announcement is to be presided over by the staff of the judicial office, and is to be conducted publicly in accordance with the prescribed procedures;
Based on the different circumstances of persons in community corrections, the judicial office shall notify the relevant departments, village (resident) committees, public representatives, the unit to which the persons in community corrections belong, and the family members, guardians, or guarantors of the persons in community corrections to participate in the announcement.
The matters to be announced shall include: reading out the evaluation opinion of persons in community corrections; Announce that the period for community corrections is complete, and release community corrections in accordance with law; where controlled release is to be given, the enforcement period is to be announced to be completed and the controlled release is to be lifted; Where a suspended sentence is announced, it is announced that the probationary period of the suspended sentence is complete, and the original sentence is no longer enforced; where parole is awarded, the probationary period is announced to be completed and the original sentence is completed;
The county-level judicial-administrative organs shall issue a certificate of release from community corrections to persons in community corrections, and notify the decision-making organ in writing, and concurrently send a copy to the county-level people's procuratorate and public security organs.
Where persons in community corrections temporarily serving their sentence outside of prison complete their sentences, the prison or detention center is to complete formalities for their release at the completion of their sentence in accordance with law.
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Since you have been given a suspended sentence, you just need to report to the police station regularly.
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Correction is not to go to the court, but to the judicial office.
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Normally, there are no consequences, but the formalities are still done.
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Legal Analysis: Probation is also a form of punishment. It's just that the place where the sentence is served is not in the prison. During the probationary period of probation, the public security organs are to conduct an investigation of the convict who has been given a suspended sentence, and the high-level or basic-level organization is to cooperate.
Legal basis: "Criminal Law of the People's Republic of China" Article 73: The probationary period of a suspended sentence for short-term detention is not more than one year but not more than the original sentence, but must not be less than two months. The probationary period of a suspended sentence is not more than five years but not less than 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.
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Summary. If the court of criminal case has already decided, you are a criminal person, you are sentenced to a suspended sentence and the probationary period of probation has been completed, and the original case has been closed.
You will no longer be referred to as a criminal suspect unless you have committed a new crime.
Hello, I have been sentenced to probation before, and now that the probation period has expired, why am I still a suspect?
Hello, I am a platform co-lawyer, I have received your questions, and I am happy to serve you.
If the court of criminal case has already decided, you are a criminal person, you are sentenced to a suspended sentence and the probationary period of probation has been completed, and the original case has been closed. Unless you Liang Xiaozhi has a new criminal behavior, you will no longer be called a criminal suspect.
May be suspected of a new crime.
Based on the actual circumstances of the case, the procuratorate may submit a sentencing recommendation to the court at the same time as initiating a public prosecution, recommending the use of a suspended sentence. However, whether the court will make the procuratorate's sentencing recommendation should be analyzed in detail according to the facts of the case.
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