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Three years ago, a one-year suspended sentence has expired, and he has committed the crime of harboring again, and he has made major meritorious contributions, so he cannot be suspended. Recidivism is a recidivist and probation is not applicable for recidivism.
Article 65 of the Criminal Law [Ordinary Recidivism] Criminals who have been sentenced to a sentence of fixed-term imprisonment or higher, and who, within five years after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher, is a recidivist and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.
The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole.
Article 310: [Crimes of Harboring or Harboring] Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.
Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.
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.
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 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 applicable to recidivists]Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.
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It should not be possible to give a suspended sentence, and the legal conditions for recidivism still apply in this case.
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The sentence of imprisonment is one year or more than five years. Not a recidivist, but only a suspended sentence of less than three years in prison is applicable.
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If they have been sentenced to short-term detention or fixed-term imprisonment of less than three years, and have truly shown repentance and reform, the court may pronounce a suspended sentence if they find that the temporary non-enforcement of the sentence will no longer endanger society, and that they are not recidivists or ringleaders of criminal groups. If you have already been sentenced to a term of imprisonment and within five years after the completion of the sentence, if you commit another crime that should be punished with a sentence of imprisonment or more, you are a repeat offender and cannot be suspended in principle. If there is a major meritorious service, a request for a reduction in punishment may be requested.
Legal basis: Article 310 of the Criminal Law of the People's Republic of China: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up, is to be sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is to be between three and ten years imprisonment.
Article 68: Where the offender of the crime of pretending to verify the history of the offender has made meritorious service such as exposing the criminal conduct of others, verifying the facts, or providing important leads, thus enabling the investigation of other cases, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.
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