During the probation period, if you commit a new crime, you will be sentenced to 5 years, and you wi

During the probation period, he committed a new crime and was sentenced to a total of five years in prison, which is not subject to a maximum reduction of one-half of the sentence under the Criminal Code, and in the case of very good behavior, he must be imprisoned for at least two and a half years before returning home.

According to your description, if you commit a new offence during the probation period, you will be sentenced to 5 years in prison, and at least how many years will you go home? As a bystander, the probation period is only a sentence of fixed-term imprisonment is suspended, that is to say, the probation period is not in prison, but the sentence is spent outside, once a new crime is committed during the probation period, the new crime and the old crime are combined and there is no probation, that is to say, you have to live in prison to spend it, and you will be sentenced to 5 years in prison for committing a new crime during the probation period, and you must sit for five years before you can go home. Think for yourself, young man.

Suspended sentences refer to the first conviction of an actor who has violated the criminal law and has been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily does not enforce the sentence imposed. So, how to punish a new crime during the probation period? The following Legal Express will answer you in detail, I hope it will be helpful to you.

The first paragraph of Article 77 of the Criminal Law of the People's Republic of China stipulates that if 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 verdict is announced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed 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.

The first paragraph of Article 69 of the Criminal Law provides: "Where a person commits multiple crimes before the judgment is announced, except where the death penalty or life imprisonment is imposed, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence among the several sentences, but the maximum period of controlled release shall not exceed three years, the maximum short-term detention shall not exceed one year, and the maximum fixed-term imprisonment shall not exceed 20 years." ”

Because a suspended sentence means that there is no imprisonment and no detention, which is equivalent to the original sentence not being executed, if a new crime is committed during the probation period, the punishment will be combined according to the number of crimes committed before the sentence.

During the probation period, I was worried that I would be sentenced to five years for the crime, and I would be able to go home for at least a few years, so I felt that I should do at least five years.

During the probation period, he committed another crime, and was sentenced to five years for both crimes, and he will go home as soon as this year.

It is difficult to say that the situation is unclear, but from the perspective of legal theory, it should be more than 5 years, and the specific judgment of the court shall prevail.

If the probationary period is over, at the end of the correction, there is no need to go to prison to serve the sentence, and during the probationary period, the offender rejoins the law and commits crimes, or disobeys the management of the community, and there are various situations in which the criminal behavior has not been investigated for criminal responsibility, and after the procedural review, it is possible to re-enter the prison to serve the sentence.

No, the first three years are at home, and the next two years may be in prison, depending on the approval of the public security organs. If you have passed the probation period, you will not have a two-year sentence.

No, if you had behaved particularly well in the first three years, you would not have been sentenced to prison for the next two years. The first three years were also at home, not at home.

That is, it was released on the day of the verdict! Something like this is usually done by someone! Hehe.

1. Whether recidivism within five years of being given a suspended sentence is considered a recidivist.

1. Where criminals are given a suspended sentence by the people's courts, recidivism within five years is generally not counted as a recidivist, and only those who have completed the previous sentence may be counted as a recidivist. Criminals who have been sentenced to fixed-term imprisonment or higher, and who, within 5 years of completing the execution of the criminal punishment or being pardoned, commits another crime that should be sentenced to fixed-term imprisonment or higher, is a recidivist and shall be given a heavier punishment.

2. Legal basis: Criminal Law of the People's Republic of China

Article 65.

Criminals who have been sentenced to fixed-term imprisonment or higher, and who, within five years after the completion of the criminal punishment or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher, are recidivists 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.

2. What constitutes recidivism.

1. Constitutive conditions for general recidivism:

1) Both the former and subsequent sins must be intentional crimes;

2) Both the former and subsequent crimes must be crimes punishable by fixed-term imprisonment or more;

3) The time of occurrence of the subsequent crime must be within five years after the completion of the execution of the punishment or pardon for the previous crime.

2. From the perspective of the process of enforcement of the suspended sentence, "the expiration of the suspended sentence" cannot be considered as "the original sentence has been executed". Suspended sentences are applicable to criminals who have been sentenced to short-term detention or fixed-term imprisonment of up to three years.

3. If a criminal who commits an intentional crime within five years after the expiration of a suspended sentence and commits an intentional crime that should be sentenced to fixed-term imprisonment or higher is given a heavier punishment as a recidivist, it is contrary to the purpose of establishing the recidivism system.

Legal Analysis: Depending on the specific situation, the law stipulates that recidivism is not suitable for probation, but after five years, it is not a recidivist. The premise is that it starts from the date of release, and if the last time it was parole, the probationary period of parole must be added. However, whether a suspended sentence can be given depends on the circumstances of the case.

Legal basis: Criminal Law of the People's Republic of China

Article 65: Criminals who have been sentenced to a sentence of fixed-term imprisonment or higher, after the completion of the sentence or a pardon, commits a crime that should be sentenced to fixed-term imprisonment or higher within 5 years are recidivists, and shall be given a heavier punishment of speedy punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

Article 72: 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. The announcement of a suspended sentence may, on the basis of the circumstances of the crime, prohibit the criminal branch from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probationary period of the probationary sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Summary. Kiss. Article 72 of the Criminal Code stipulates that the offender shall be sentenced to criminal detention or imprisonment for a term not exceeding three years.

The conditional non-enforcement of the original sentence of a suspended sentence determines that the target of a suspended sentence can only be applied to criminals who have committed relatively minor crimes. The severity of the crime is commensurate with the severity of the sentence imposed on the offender. The reason why China's Criminal Code stipulates that the applicable objects of suspended sentences are criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years is because the crimes of these criminals are relatively minor and the harm to society is relatively small.

Can a suspended sentence be given after five years after the completion of the sentence for the crime?

Dear, I'm glad to answer your <>

A suspended sentence may be given after five years at the end of the sentence for the crime. Criminal convictions are not a direct factor affecting the declaration of probation, and probation is not applicable only if the criminal record constitutes a recidivist. Offenders with criminal records may also seek a suspended sentence through methods such as turning themselves in, confessing to the rank of offender, admitting guilt and accepting punishment, and actively obtaining the victim's forgiveness.

Kiss. Article 72 of the Criminal Law stipulates that a criminal shall be sentenced to criminal detention or imprisonment for a term of not more than three years. The conditional non-execution of the original sentence of a suspended sentence determines that the target of the suspended sentence can only be applied to criminals who have committed relatively minor crimes.

The severity of the crime is commensurate with the severity of the sentence imposed on the offender. The reason why China's Criminal Code stipulates that the applicable objects of suspended sentences are criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than three years is because the crimes of these criminals are relatively minor and the harm to society is relatively small.

Whether a suspended sentence can be imposed depends on the circumstances. The law provides that recidivists are not eligible for probation, but after five years they are not recidivists. The premise is that it will be counted from the time of release from prison, and if you were released on parole last time, you have to add a probationary period for the release of the world with a false grip.

However, whether a suspended sentence can be given depends on the circumstances of the case. Repeat offenders are not eligible for probation. If it is less than a fixed-term imprisonment, it is not a recidivist, and if it is not a recidivist, it is necessary to meet the statutory conditions before a suspended sentence can be applied.