How do I apply for probation after a sentence has been imposed?

Legal Analysis]: Application Procedure: For convicts who meet the conditions for temporary service of sentence outside of prison, the people's court may make a direct decision when making a judgment.

Where a people's court decides to temporarily serve a sentence outside of prison, it shall draft a "Decision Document for Temporary Service of Sentence Outside of Prison", indicating the basic circumstances of the convict, the charges and punishment determined in the judgment, and the reasons and basis for the decision, and send a copy to the people's procuratorate and the public security organ for the convict's place of residence. In the course of enforcing judgments or rulings, the prison is to submit a written opinion to the provincial, autonomous region, or directly governed municipality prison management organ for approval of convicts who meet the requirements for serving their sentence outside of prison. Where convicts serving sentences in a detention center or short-term detention center need to temporarily serve their sentence outside of prison, the detention center or short-term detention facility shall submit a written opinion and report it to the competent public security organ at the county level or above for review and decision.

The organ that approves the temporary service of sentence outside of prison shall send a copy of the approval decision to the people's procuratorate. For convicts temporarily serving their sentence outside of prison, the public security organ for their place of residence is to enforce it, and the basic-level organizations or the convict's original unit are to assist in conducting oversight, and the enforcement organ shall strictly manage and supervise the convict temporarily serving his or her sentence outside of prison. For convicts who decide to temporarily serve their sentence outside of prison while serving their sentence, the original enforcement organ shall notify the public security organ responsible for serving the convict's sentence and reform of the sentence, so as to conduct targeted management and supervision of the convict

The public security organ responsible for enforcement shall inform the convict that during the period of temporary service of sentence outside of prison, he must accept supervision and reform and comply with the relevant provisions.

Legal basis]: Article 254 of the Criminal Procedure Law of the People's Republic of China provides that convicts sentenced to fixed-term imprisonment or short-term detention may temporarily serve their sentence outside of prison in any of the following circumstances: (1) they have a serious illness and need to be released on medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) They are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

After the verdict is handed down, there is no way to apply for a suspended sentence, which is a means of punishment by the state, and can only be judged by the court, and the parties cannot apply, but they have the opportunity to apply for commutation, parole, medical parole, and so on after being imprisoned.

If the sentence has already taken effect, the sentence may not be commuted to a suspended sentence unless an appeal is filed within the appeal period, and the court of second instance finds that the sentence can be commuted to a suspended sentence, and the sentence can be directly commuted to a suspended sentence.

Can you apply for probation one year after the actual sentence? If the sentence has already entered into force, the suspended sentence may not be changed, unless an appeal is filed within the appeal period. The second-instance trial found that the suspended sentence could be modified, and the suspended sentence could be directly modified.

Can you apply for probation after one year in prison? If the judgement has entered into force, the stay may not be changed unless an appeal is filed within the time limit for appeal. The second court held that the extension could be changed and that the extension could be changed immediately.

Where the judgment has already taken effect, parole may not be granted, unless an appeal is filed within the appeal period, and the court of second instance finds that parole may be granted, and parole may be granted.

Where an application for a suspended sentence is made after a real sentence has been given, the requirements for a suspended sentence need to be satisfied.

1.The circumstances of the offence are relatively minor;

2.Showing remorse;

3.There is no danger of recidivism;

Is it possible to request an extension after one year of effective sentence? If the judgement has entered into force, the referral may not be modified unless an appeal is filed within the time limit for appeal. The court of second instance held that the reference could be modified and that the reference could be modified directly.

Can you apply for a transfer after the annual judgment? If the judgment has entered into force, the judgment may not be modified unless an appeal is filed within the appeal period. The second instance argues that a mismatch can be changed, and that a mismatch can be changed directly.

The conditions for applying for probation after a substantive sentence are as follows:

1. Suspended sentences must be applied to criminals who have been sentenced to short-term detention or fixed-term imprisonment of less than 3 years, and criminals who have been sentenced to fixed-term imprisonment of more than 3 years, and the harm to society is relatively large, and it is not suitable for enforcement in society, so suspended sentences cannot be applied;

2. Criminals who are subject to suspended sentences must have committed relatively minor crimes, have shown relatively good remorse, and will not be put in society to endanger society again;

3. After a suspended sentence is announced, the people's court will also supervise the performance of the probationer. For those who have committed more serious crimes before, the probation offender's area of activity and the people with whom he or she comes into contact on weekdays may be specified during the probation period. If a suspended sentence is given and there are other supplementary sentences on the person, the supplementary sentence needs to be continued.

With respect to the probationary period of a suspended sentence, the probationary period refers to the period from the date on which the offender is declared to be suspended until the date on which the suspended sentence is revoked and the original sentence is enforced. If the probationary period is too long, it will affect the offender's motivation to reform, and if it is too short, it will not allow the procuratorate to see the change of the offender during the probationary period.

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

Conditions for the Application of Suspended Sentences] For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced 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 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.