What kind of probation, is it not necessary to go to jail?

What is "probation"? If you get a suspended sentence, don't you have to go to jail?

Legal Analysis: As a punishment, a suspended sentence is not to serve the sentence in prison, that is, it does not need to be imprisoned, but during the probationary period of probation, the person who has been declared on probation shall abide by the regulations, obey supervision, regularly report his activities to the inspection organ, and if he leaves the city or county where he lives or relocates, he shall report to the inspection organ for approval. At the completion of the probationary period, if there is no violation of provisions, the original sentence is not to be enforced.

However, this does not mean that once a suspended sentence is applied, there will be no more jail time. Probation is a kind of conditional non-enforcement of the penal system, if within the probationary period, in violation of laws and regulations or the public security department's supervision and management provisions or prohibition orders on probation, the circumstances are serious, or a new crime is committed, and the crime is found to have been omitted before the verdict, the suspended sentence will be revoked and the original sentence will be executed.

Legal basis: "Criminal Law of the People's Republic of China" Article 76: 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 it is to be publicly announced.

Probation is a kind of punishment, but it is not to serve the sentence in prison, but to serve the sentence in society, so there is no need to go to prison and travel to burn, but you must regularly report your ideological status and dynamics to the police station and judicial office, and the parties must also be approved to go out of the province or city. China's Criminal Law stipulates that criminals who have been given suspended sentences shall abide by the following provisions:

First, abide by laws and administrative regulations, and obey supervision;

second, to report their own activities in accordance with the regulations of the inspection organ;

Third, abide by the regulations on meeting guests;

Fourth, leaving the city or county where they live or relocating shall be reported to the inspection organ for approval. 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.

A three-year suspended sentence is not without jail time.

A sentence of three years of probation for three years is not a prison sentence, but probation may be revoked if a new offence is committed during the probation period or if an unidentified offence is discovered. Those sentenced to a suspended sentence may not serve their sentence in prison, but may be sent to prison for enforcement if the law is violated during the period of probation. There is a probationary period for a suspended sentence, and if the provisions are complied with during this period, the sentence shall be deemed to have been completed at the end of the sentence if no crime is committed.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the offender's performance during the probationary period. 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 the Criminal Law, the probationary period of the suspended sentence is completed, and the original sentence is no longer enforced, and the demolition of the celebration is to be publicly announced.

What does probation mean without going to jail.

Suspended sentence refers to the first conviction of a criminal suspect and the temporary suspension of the execution of the sentence imposed. Therefore, if the probation is successful, there is no need to go to jail.

According to the relevant provisions of the Criminal Law of the People's Republic of China, suspended sentences are applicable to criminal suspects who have been sentenced to short-term detention or fixed-term imprisonment of less than three years. Probationary sentences have probationary periods, and different sentences correspond to different probationary periods, and community corrections are to be implemented in accordance with law during the probationary period of probation. At the end of the probationary period of probation, if there is no illegal or disciplinary activity, the original sentence will not be enforced.

It should be noted that if a criminal suspect commits a new crime during the probationary period of probation, or if it is discovered that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked.

Legal basis: Article 75 of the Criminal Law of the People's Republic of China [Provisions on Probation Offenders Should Abide by] 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.

As a kind of punishment, probation is only not to serve the sentence in prison, that is, it does not need to go to prison, but during the probationary period of probation, the person who has been given a suspended sentence shall abide by the provisions, obey supervision, regularly report his or her activities to the inspection organ, and shall report to the inspection organ for approval if he leaves the city or county where he lives or moves to another place. At the completion of the probationary period, if there is no violation of provisions, the original sentence is not to be enforced. However, this does not mean that once a suspended sentence is applied, there will be no more jail time.

Suspended sentence is a kind of conditional non-enforcement of the penal system, if during the probationary period, in violation of laws and regulations or the public security department's supervision and management provisions or prohibition orders on probation, the circumstances are serious, or a new crime is committed, and the crime is found to have been omitted before the judgment, the suspended sentence will be revoked and the original sentence will be returned to prison to enforce the original sentence. Take the noisy boy.

1. Whether a suspended sentence can be given again during the period of probation.

No further probation can be given while on probation. The details are as follows:

1. If a criminal who has been given a suspended sentence commits a new crime during the probationary period of the suspended sentence, or if it is discovered that there are other crimes that have not yet been pronounced before the sentence is pronounced, the suspended sentence will be revoked;

2. Where a new crime is committed during the probationary period of probation, violating laws and regulations, and the circumstances are serious, the suspended sentence will be revoked and the original sentence will be enforced.

1. The conditions for the application of a suspended sentence are as follows:

1. The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than 3 years;

2. Based on the circumstances of the criminal's crime and his expression of remorse, it is found that the application of a suspended sentence will no longer endanger society;

3. Criminals are not recidivists.

2. Criminals who have been given suspended sentences shall comply with the following provisions:

1. Abide by laws and administrative regulations, and obey supervision;

2. Report their activities in accordance with the regulations of the inspection organ;

3. Abide by the regulations of the inspection agency on receiving visitors;

4. Leaving the city or county where they live or relocating shall be reported to the inspection authority for approval.

2. Is it necessary not to leave the place of residence when given a suspended sentence in prison?

Those sentenced to a suspended sentence may leave their place of residence, but they need to be approved by the inspection authority.

Article 75 of the Criminal Law of the People's Republic of China stipulates that criminals who have been given suspended sentences shall abide by 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 stipulates that community corrections shall 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 shall not be enforced, and a public announcement shall be made.

Article 76 of the Criminal Law of the People's Republic of China is to carry out community corrections in accordance with law for criminals who have been given a suspended sentence during the probationary period of a 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 it is to be publicly announced.

The law stipulates that probation is not subject to imprisonment, but personal freedom is subject to certain restrictions. The conditions for a suspended sentence are: For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be declared if the circumstances of the crime are relatively minor, there is an expression of remorse, there is no danger of recidivism, and the declaration of a suspended sentence has no major adverse impact on the community in which they live; A suspended sentence shall be given to those who are under the age of 18, pregnant women, and those who have reached the age of 70 and are 5 years old.

Legal basis. Article 72 of the Criminal Law of the People's Republic of China.

The first paragraph. 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 of frank potatoes 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.

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A suspended sentence is not a prison sentence, and a suspended sentence is a suspended sentence of imprisonment that should be carried out in an uproar. In the case of a suspended sentence of fixed-term imprisonment, where no new harm has been caused to society during the period of probation, the original fixed-term imprisonment is not to be enforced after the period of probation. 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.

If there are no circumstances provided for in Article 77 of the Criminal Law, the probationary period of probation is completed, and the original sentence will no longer be enforced, that is, there is no need to go to jail. A system in which a specific probationary body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law based on the convict's performance during the probationary period.

Article 77 of the Criminal Law stipulates: 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 verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be decided in accordance with the provisions of Article 69 of the Criminal Law.