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Anonymous users2024-02-12The odds of a guilty plea and probation are as follows:The probability that the suspect will plead guilty and be given a suspended sentence is actually unlikely. Because only those who meet certain conditions, such as women who are under the age of 18 and are pregnant, and those who are over 75 years old, as well as some cases where the crime is low and sincere repentance, in most cases it is carried out normally, and China's law does not tolerate the existence of crime, so if a crime is committed, it must be punished.
Legal basis: Article 72 of the Criminal Law.
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 danger 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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Anonymous users2024-02-11Legal Analysis: Pleas of guilt and acceptance of punishment are not necessarily all sentenced to suspended sentences, and the conditions for the use of suspended sentences: For criminals sentenced to short-term detention or less than three years imprisonment, and the following conditions are met at the same time, a suspended sentence may be announced, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and those who have reached the age of 75:
The circumstances of the offence are relatively minor; Showing remorse; There is no danger of recidivism; The probation is not pronounced with significant adverse effects on the community in which it resides.
Legal basis: Criminal Law of the People's Republic of China
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 danger 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.
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Anonymous users2024-02-10A plea affidavit is a legal document signed by a criminal suspect or defendant who voluntarily admits his mistake or crime and earnestly repents and reforms himself, confessing his or her criminal conduct and being willing to bear corresponding legal responsibility, as a basis for the court's leniency. The key is to look at the responsibility for the crime, and if it is less than three years and a plea affidavit is signed, a suspended sentence may be applied.
Article 72 of the Criminal Law of the People's Republic of China: A suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met 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 danger of recidivism.
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
Leniency refers to the fact that criminal suspects or defendants who admit guilt and accept punishment shall be given a lighter or commuted punishment. Where there are legally-prescribed mitigating circumstances, where the criminal suspect or defendant admits guilt and accepts punishment, the punishment shall be commuted on the basis of the nature and circumstances of the crime and the degree of harm to society; Where criminal suspects or defendants admit guilt and accept punishment, and there are no legally-prescribed mitigating circumstances, they shall be given a lighter punishment within the legally-prescribed sentencing range.
In cases where it is proposed to be implemented on a trial basis in cases with a sentence of up to 3 years imprisonment, where the criminal suspect or defendant voluntarily and truthfully confesses their own crimes, has no objections to the facts of the crime as charged, agrees with the procuratorate's sentencing recommendation, and signs an affidavit, they may be given a lenient disposition in accordance with law, for a pilot period of 2 years.
To sum up, if the criminal's crime is not serious, and he behaves well during the sentence, has obvious remorseful intentions, and has no criminal intent, then the guilty plea and acceptance of punishment are basically sentenced to probation. If the offender is mentally ill or the defendant's conduct does not constitute a crime, as well as other special circumstances, the guilty plea will not be suspended.
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Anonymous users2024-02-09Plea of guilt and acceptance of punishment is not a basic reference to a suspended sentence, for criminals sentenced to short-term detention or up to three years imprisonment, and if the following conditions are met at the same time, a suspended sentence may be announced, and a suspended sentence should be announced for those who are under the age of eight, pregnant women, and those who have reached the age of seventy-five
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
3) There is no danger of recidivism.
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
1. Implement the criminal policy of blending leniency with severity. The implementation of the plea leniency system shall be based on the specific circumstances of the crime, distinguishing the nature and circumstances of the case, and the degree of harm to society, and carrying out differentiated treatment, so that where leniency is given, severity is given to the extent severity, and the punishment is appropriate to the crime. In plea cases where a sentence of up to three years imprisonment might be given, it should be handled as simply, quickly, and leniently as possible in accordance with law, and appropriate handling principles and methods should be explored; For crimes caused by civil conflicts, where criminal suspects or defendants voluntarily admit guilt, sincerely repent of their crimes, obtain forgiveness, and reach a settlement, and have not yet seriously impacted the public's sense of security, the plea leniency system should be actively applied, especially for first-time offenders, occasional offenders, negligent offenders, and juvenile offenders who do not pose much harm to society, and shall generally reflect leniency. >>>More
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