What do you think is a case of probation?

Criminals sentenced to short-term detention or up to three years imprisonment, persons under the age of 18, pregnant women, and persons who have reached the age of 75 shall be given a suspended sentence.

For criminals sentenced to short-term detention of less than three years imprisonment, a suspended sentence may be announced if it is found that the application of a suspended sentence will no longer endanger society on the basis of the circumstances of the criminal's crime and expressions of remorse.

I think that the seriously ill old man can be put on probation, the old man is already seriously ill, if he is not allowed to do a good job, it will inevitably be too chilling for others.

In my opinion, juvenile children can be given probation, but juveniles are not yet mentally mature and have not established the correct three views, so it is necessary to carry out probation re-education.

In criminal cases of fraud, theft, robbery, or other violations of citizens' property where the circumstances of the crime are relatively minor, the defendant must not only fully compensate the victim's economic losses, but also pay the fine in full, and use this as a standard for showing remorse, to recover the economic losses of the state and the victim to the greatest extent.

The offender has indeed shown repentance, and the application of a suspended sentence will indeed not endanger society again, that is, the court believes that not being detained will not lead to any further acts that endanger society.

For crimes that cause harm to the victim's person, such as intentional injury, picking quarrels and provoking trouble, or causing traffic accidents, adhere to the principle of "no suspended judgment for insufficient compensation", resolve conflicts and disputes to the greatest extent, and preserve the lawful rights and interests of victims.

Suspended sentences must be imposed on criminals who have been sentenced to criminal detention or fixed-term imprisonment of up to three years. This shows that criminals who have been sentenced to more than three years in prison cannot be given a suspended sentence.

Generally, fixed-term imprisonment of not more than three years or controlled release, and short-term detention may be given a suspended sentence. But there is one premise: the money must be paid!

Do not endanger the society, the crime is relatively light, the first offense, and have meritorious service. Probation is possible.

I think a breastfeeding mother can give her a suspended sentence, after all, she is a mother with her own children, and she can't leave her children behind.

According to the provisions of the Criminal Law, criminals sentenced to fixed-term imprisonment of less than three years or short-term detention may be given a suspended sentence on the premise that there is no danger to society and the possibility of recidivism, but the recidivism and the ringleaders of criminal groups are not subject to probation.

Insist on conducting pre-trial social investigations. For defendants who might be given a suspended sentence, entrust the judicial-administrative organs for the defendant's habitual residence to conduct a social investigation, focusing on investigating the defendant's usual behavior, whether it is conducive to supervision, and the possibility of returning to society.

If the circumstances are not serious, those who confess honestly, and those who know their mistakes and repent can be suspended.

For the first offense, if the circumstances are not serious, such as gambling participants, they should also be given a suspended sentence with less serious circumstances.

First-time offenders, admit guilt and accept punishment and realize their mistakes. did not cause serious consequences. Because everyone makes mistakes, probation can make them feel the care of the state and give them a chance to learn and correct their mistakes.

The crime is light, give a chance to reform

I think that if the circumstances are minor, pregnant women, breastfeeding or children under 2 years old should be given probation.

Crime is a crime, why should the sentence be suspended, if you can get a suspended sentence, everyone can commit a crime.

Those who have repented and made positive restitution and are convicted of lesser crimes are okay.

The offense is light, the offense is first, the nature is good, and the sentence can be suspended.

Others are not clear, and a letter of understanding is required for a third party to be given a suspended sentence.

Grab one and see if you're right?

Legal Analysis: Suspended sentences may be applied if criminals meet the following requirements at the same time:

1. Sentenced to short-term detention or up to three years imprisonment;

2. The circumstances of the crime are relatively minor;

3. Showing remorse;

4. There is no risk of recidivism;

5. The probation has no major negative impact on the community in which it resides.

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 for fixed-term imprisonment is not less 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.

Legal Analysis: Where criminals meet the following conditions at the same time, a suspended sentence may be applied: 1. Sentenced to short-term detention or up to three years imprisonment; 2. The circumstances of the crime are relatively minor; 3. Showing remorse; 4. There is no risk of recidivism; 5. The declaration of a suspended sentence has no significant adverse impact on the community in which it resides.

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

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 less serious than those of the wheel-to-lead friend;

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 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 the acacia resides or relocating shall be reported to the inspection authority for approval.

Legal analysis: A suspended sentence may be given in the case of a sentence of short-term detention or fixed-term imprisonment of less than 3 years, as well as if the four conditions stipulated in Article 72 of the Criminal Law are met at the same time. Ambush.

Legal basis: Criminal Law of the People's Republic of China" Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than one year for three disturbances, and where the following conditions are met at the same time, a suspended sentence may be announced, 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.

According to the provisions of Articles 72 and 74 of the Criminal Law of the People's Republic of China, the following conditions must be met for the application of a general suspended sentence:

1) The criminal is sentenced to short-term detention or up to 3 years imprisonment. 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. On the contrary, criminals who have been sentenced to more than three years in prison are not listed as targets for probation because their crimes are more serious and the harm to society is greater.

2) Based on the circumstances of the criminal's crime and expressions of remorse, it is found that the application of a suspended sentence will no longer endanger society. This is an essential condition for the application of probation. That is to say, although some criminals have been sentenced to short-term detention or fixed-term imprisonment of less than three years, only if they are not detained and do not endanger society according to the circumstances of their crimes and their expressions of remorse, can they be given suspended sentences.

c) The offender is not a recidivist. Recidivists who do not change their ways, who are not allowed to change their ways, who are more subjectively vicious, and who are at risk of recidivism, are unable to prevent them from committing new crimes when they are given a suspended sentence. Therefore, probation cannot be applied to repeat offenders.

1. What is probation?

Suspended sentences, also known as suspended sentencing, also known as suspended sentencing, refers to the first announcement of conviction and the temporary non-enforcement of the sentence imposed on the perpetrator 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. 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.

Probation has the following characteristics:

1) A guilty verdict against the defendant. Where the defendant's conduct is found to meet the constitutive elements of a crime after trial by the people's court, Li should be convicted. Suspended sentencing is premised on the declaration of guilt of the perpetrator, rather than not making a guilty verdict, which can better reflect the principle of legality of crimes.

2) No criminal punishment is to be imposed on the defendant for the time being. A suspended sentence is only a conviction and not a specific sentence is executed at the same time.

3) The special organ set up is responsible for supervising and supervising persons whose sentence has been suspended, and a full-time investigation officer is to conduct an investigation.

2. What to pay attention to during the probation period.

According to more than 75 feet of the Criminal Law, criminals who have been given a suspended sentence must comply with the following provisions during the probationary period of probation:

1) Comply with laws and administrative regulations, and obey supervision;

2) Periodically report their activities to the organ enforcing the suspended sentence in accordance with provisions;

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.

Suspended sentences are a system whereby perpetrators who have violated the criminal law and are confirmed by legal procedures to have committed a crime and should be punished by criminal punishment are convicted in advance and the sentence imposed is temporarily suspended. On the basis of the provisions of law, a suspended sentence may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the requirements that the circumstances of the crime are relatively minor, they show remorse, there is no danger of committing another crime, and the suspended sentence does not have a major negative impact on the community in which they live.

[Legal basis].

Article 72 of the Criminal Law of the People's Republic of China may announce a suspended sentence for criminals sentenced to short-term detention or up to three years imprisonment 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.