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It is very unreliable, the so-called finding a relationship and going through the back door, then it is necessary to transfer benefits to those who have the right to deal with it, otherwise how can the relevant people take a great risk to do illegal and criminal things? In other words, the person who has the right to deal with this kind of thing is basically very well-paid and well-paid, and the probability that he will do illegal and criminal things for you is very low.
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It depends on how big the crime is, generally turn yourself in, apologize sincerely, pay money, the degree of harm is not large, the probability of a suspended sentence is very high, if the harm is serious, even if you receive money, you can only be sentenced to 7 to 8 years, the judge does not dare to take the risk to reduce so many sentences, and you have to take a lot of risks in the later stage.
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Legal analysis: Obtain a suspended sentence through relationships and improper means, and once investigated, the clerk will be subject to administrative punishment and suspected of duty-related crimes. So, don't drag your feet on this kind of thing. Probation does not apply to repeat offenders and ringleaders of criminal groups.
Legal basis: Criminal Law of the People's Republic of China, Article 74: Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.
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A suspended sentence may be announced on the basis of the circumstances of the crime, and the suspended sentence judgment is to be decided by the people's court. Suspended sentences may be applied to persons under the age of 18, pregnant women, and persons who have reached the age of 75 who have been sentenced to short-term detention or fixed-term imprisonment of not more than three years.
Article 76 of the Criminal Law provides that community corrections are to 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 is no circumstance 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. Article 77:Where criminals who have been given a suspended sentence commit a new crime during the probationary period of probation or discover 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 newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law. Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or the relevant departments on the supervision and management of suspended sentences during the probationary period of the suspended sentence, or violate the injunction in the people's court's judgment, and the circumstances are serious.
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Legal analysis: Obtain a suspended sentence through relationships and improper means, and once investigated, the person in charge will be subject to administrative punishment and a serious case of being suspected of committing a crime of career initiation. So, don't drag your feet on this kind of thing. For recidivists and ringleaders of groups that commit the crime of digging manuscripts, it is not appropriate to quietly use probation.
Legal basis: Criminal Law of the People's Republic of China, Article 74: Suspended sentences are not to be applied to recidivists and ringleaders of criminal groups.
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Recidivists who fight and get on bail to find relationships cannot be given a suspended sentence. Where criminals are found to be recidivists, suspended sentences are not to be applied. Recidivism refers to criminals who have been sentenced to fixed-term imprisonment or higher, and who commit another offense within five years after the completion of the criminal punishment or the pardon of the scumbags, and shall be sentenced to fixed-term imprisonment or higher.
[Legal basis].Article 65 of the Criminal Code.
Criminals who have been sentenced to fixed-term imprisonment or higher, and who, within five years after the completion of the criminal punishment or pardon, 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 74.
Suspended sentences do not apply to recidivists and ringleaders of criminal syndicates.
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Legal Analysis: As long as you meet the relevant conditions for probation, you can apply for probation. Suspended sentences refer to the first conviction of an actor 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, and temporarily does not enforce the sentence imposed.
Conditions for the application of suspended sentences: (1) Target conditions: Suspended sentences are only applicable to offenders who have been sentenced to short-term detention or fixed-term imprisonment of less than 3 years.
It only refers to the declared sentence and the main sentence (the supplementary sentence still needs to be enforced), and a suspended sentence shall be announced for persons under the age of 18, persons over the age of 75, and pregnant women who meet the conditions for a suspended sentence. (2) Restrictions: Must not be a recidivist or a ringleader of a criminal group.
3) Substantive conditions: The circumstances of the crime are relatively minor, there is an expression of remorse, there is no risk of recidivism, and the announcement of a suspended sentence has no major adverse impact on the community in which they live.
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 relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.
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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This question has to be analyzed from the following points.
Some people think that if they start a lawsuit, they have to rely on the relationship and find internal personnel of the public procuratorate and law to get through, while some people beat people and do not help the injured, but spend the money elsewhere. That is what the common people say, they would rather block the city gate than block the water outlet.
First, there are indeed some people in society who do this business, boasting about what they have to do with some people in the public procuratorate and law, and asking the person concerned to take care of it is actually taking money and bribes. Some took the money and put it into their own pockets. As the saying goes, ride a donkey.
Second, some individual lawyers also participated in it, asking for money from the client, saying that they could guarantee victory, saying that they would bribe judicial personnel, and also acting as an intermediary and taking the money to dredge up, but in fact, this is a very dangerous behavior, violating the law, offering bribes, introducing bribes, etc. It's better to get criminal defense fees and civil ** fees in a proper manner.
On the issue of suspended sentences, according to article 72 of the Criminal Law, a suspended sentence may be declared 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 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) Showing remorse;
(3) There is no risk of recidivism;
(4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.
In the context of the large-scale reorganization of the judicial contingent, it is very wrong for some people to want to solve problems through relationships, and things outside the scope of the law are different from the past, especially in recent years, judicial personnel have been rectified and carried out on a large scale, and the black sheep may be imprisoned at any time, the purity of the judicial contingent is increasing, and the wage income is also increasing. The parties should obey the law, believe in the law, and fear the law. Believe in yourself.
Don't make trouble for judicial officers, don't give middlemen the opportunity to get money, no one dares to defy the law and end up being deceived. People and money are empty, and you are the one who suffers.
Recently, the procuratorial organs have led the practice of making fewer arrests and prosecuting cautiously, blending leniency with severity, detaining juvenile juveniles, adopting a lenient criminal policy for first-time offenders of college students and special groups of elderly criminals, minor criminal cases caused by civil disputes, resolving contradictions at the grassroots level, and trying not to arrest or prosecute. It is very important to explain clearly to the police officers, prosecutors, and judges who are handling the case to the public procuratorate, procuratorate, and law, and not to omit the circumstances of the statutory mitigating punishment.
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Those who meet the requirements for a suspended sentence may be given a suspended sentence.
Conditions for the application of probation under the Criminal Code: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) Showing remorse;
(3) There is no risk of recidivism;
(4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.
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