Can a person with a criminal record be given a suspended sentence if he is sentenced again

A person with a criminal record who has been sentenced again cannot be given a suspended sentence.

According to the statute: repeat offenders cannot be suspended. The so-called recidivism refers to a criminal who has received a certain criminal punishment and, after the execution of the criminal punishment or pardon, commits another crime for which he has been sentenced to a certain criminal punishment within the statutory time limit.

Legal basis:

Article 65 of the Criminal Code[General Recidivism]Criminals who have been sentenced to a sentence of fixed-term imprisonment or higher, and who, within 5 years of completing the execution of the sentence or being pardoned, 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.

Article 72 of the Criminal Code[Applicable Requirements]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 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 74Probation is not applicable to recidivists and ringleaders of criminal groups.

1. As long as the conditions for the application of probation are met, a suspended sentence may be given, but if the previous conviction has constituted a recidivist, the suspended sentence shall not be applied. 2. 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 fixed-term imprisonment of not more than 3 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.

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. As for criminals sentenced to controlled release for relatively minor crimes, there is no need to apply a suspended sentence because of the characteristics of controlled punishment, that is, the offender is not detained and only restricts his freedom. The term "fixed-term imprisonment of less than 3 years" refers to the sentence determined by the judgment and not to the statutory sentence.

Although the statutory penalty for the crime committed by the criminal is fixed-term imprisonment of not less than 3 years, but there are mitigating circumstances, the sentence determined by the judgment is fixed-term imprisonment of not more than 3 years, and a suspended sentence may also be applied.

How will a person with a criminal record be sentenced if he commits another crime.

It depends on whether the previous conviction can make the new offence a recidivism, and a suspended sentence is not applicable to recidivism. 1. Ordinary recidivism: refers to criminals who have been sentenced to fixed-term imprisonment or higher, and after the completion of the sentence or pardon, they re-commit crimes that should be sentenced to fixed-term imprisonment or higher within 5 years.

2. Special recidivism: refers to a criminal who has been punished for committing a specific crime, and commits another specific crime after the execution of the criminal punishment or pardon.

In this regard, the regulations vary from province to province.

For example, in Liaoning Province, the Provincial High Court's "Opinions on the Correct Application of Suspended Sentences (2005) No. 53" stipulates that those with criminal records may not be given suspended sentences.

See if he's a recidivist, if he's a recidivist, it's not okay.

Summary. Hello, a probation can be given for repeat offenses with a criminal record. A second offense with a previous conviction may be given a suspended sentence if he is not a recidivist and meets the conditions for probation.

Because recidivism is not subject to probation. Suspended sentences are a system in which a specific investigation body examines a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with the law based on the offender's performance during the probationary period. <>

Hello, a probation can be given for repeat offenses with a criminal record. If you have a criminal record for a second offense, you can be given a suspended sentence if you are a recidivist and meet the conditions for probation. Because recidivism is not subject to Kyungjeong's probation.

Suspended sentences are a system in which a specific investigation body examines a convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with the law based on the convict's performance during the probationary period. <>

Legal basis: Article 72 of the Criminal Law may announce a suspended sentence for criminals sentenced to short-term detention or up to three years imprisonment who meet the following conditions at the same time, and shall announce a suspended sentence 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) There is a repentance draft, and the draft is minced and shouted to take it down; (3) There is no danger of reoffending; 4) The probation is declared to have no significant adverse impact on the community in which the person resides.

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