How to arrange the work of state organ staff who have been sentenced to probation

Length of service during the probation period] For those who have not been deprived of political rights, the continuous length of service or the number of years of service may be counted during the period of probation; Reply of the Insurance and Welfare Bureau of the Ministry of Labor and Personnel on the Calculation of the Length of Service or Years of Service During the Suspended Sentence of a State Employee Sentenced to Fixed-term Imprisonment (Lao Ren Hui Zi (1982) No. 2.

Dismissal, probation, length of service] and the employee is dismissed due to negligence (not a criminal punishment) and sentenced to a suspended sentence of imprisonment for a crime (is a test for the offender), and still stays in the unit to continue to work, the situation is different, the length of service should be calculated, and the employee and his immediate family members can continue to enjoy various labor insurance benefits. "Reply of the Wage Bureau and the Insurance and Welfare Bureau of the Ministry of Labor and Personnel on the Issue of Wages and Years of Service of the Punished Personnel", Article 2 of the Labor and Salary Bureau (1983) No. 3.

Still arranged? Under the Regulations on the Disciplinary Actions of Civil Servants, which came into force on 1 June 2007, dismissal from public office is mandatory.

Article 17: Where civil servants of administrative organs who violate law and discipline have already been sentenced, recalled, or removed from office in accordance with law, or have already resigned from leadership positions before the administrative organ makes a decision to sanction them, and shall be given sanctions in accordance with law, the administrative organs are to give sanctions on the basis of the facts of their violations of law and discipline.

Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.

According to Article 1 of the Circular of the Ministry of Personnel on Issues Concerning the Work and Wages of Employees of State Administrative Organs After Being Sentenced to Controlled Release, Short-term Detention, and Sentenced to Suspended Sentences"On the issue of how to deal with the work arrangements and wages of staff members of state administrative organs who have been sentenced to a suspended sentence by a people's court and given a suspended sentence

Where staff of state administrative organs (including staff of public institutions and professional and technical personnel) are sentenced to a suspended sentence by a people's court, their positions are naturally revoked, and temporary work is to be arranged for them not to be assigned to their duties. In order to give full play to the expertise of professional and technical personnel, except for those who have been sentenced to a suspended sentence for using professional technology to carry out criminal activities, certain technical work may be arranged for them on the basis of the actual situation and the needs of their work. The original salary and benefits shall be reduced, and temporary wages shall be paid at a rate lower than the salary and benefits of the dismissed and retained probationers.

Those who have shown good repentance and reformation during the probation period may be assigned a regular job after the probationary period is completed, and their position and salary scale may be redetermined; Those who perform badly are to be expelled"provisions.

Article 4 of the Circular of the Ministry of Personnel on Issues Concerning the Work and Wages of Employees of State Administrative Organs After Being Sentenced to Controlled Release, Short-term Detention, and Sentenced to a Suspended Sentence""On the issue of work arrangements and wages for staff members of state administrative organs who have been sentenced to short-term detention by the people's courts and released and recovered at the end of the period.

Where a staff member of a state administrative organ is sentenced to short-term detention by a people's court, and after being released at the completion of the short-term detention, he is to be withdrawn with the approval of the competent organ at a higher level, and appropriate work is to be assigned and the position and salary level are to be redetermined, and the newly determined position and salary level shall be lower than the rank and salary benefits before the short-term detention"provisions.

In our country, probation can work, and the sentence of suspended execution does not deprive him of various other civil rights and civil rights. Criminals who have been released on parole shall comply with the following provisions during the probationary period of parole:

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

2.Report on their activities in accordance with the regulations of the supervisory authority;

3.Comply with the regulations of the supervisory authority regarding the reception of visitors;

4.Leaving the city or county of residence or relocating shall be reported to the supervisory organ for approval.

1. Can probationers take out loans?

Probationers can take out loans. Criminals who have been given a suspended sentence shall comply with the following provisions: abide by laws and administrative regulations, and obey supervision; Report on their activities in accordance with the regulations of the inspection organ; Comply with the regulations of the inspection and sales agency on receiving visitors; Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.

There is no restriction on taking out loans during probation, so you can take out loans.

2. Can I drive while on probation?

OK. Criminals who have been given a suspended sentence must comply with the following provisions during the probationary period of probation: (1) Abide by 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 live or relocating shall be reported to the inspection authority for approval.

3. Can I fly during my country's probation?

In our country, it is possible to fly while on probation. However, if they leave the city or county where they live or move to another place, they shall report to the inspection organ for approval. Whether it's by plane to travel or work.

During the period of probation, where a person on probation leaves the city or county where he or she lives to take a plane, he shall report to the examination organ for approval, and may take the plane upon approval. Criminals who have been given a suspended sentence in accordance with the laws of our country shall comply with the following provisions: (1) Abide by laws and administrative regulations and obey supervision; (2) Report on their own activities in accordance with the provisions of the inspection organ; (3) Comply with the regulations of the inspection organ on receiving visitors; (4) Leaving the city or county where they live or relocating shall be reported to the inspection organ for approval.

According to the provisions of the Criminal Law, a suspended sentence may be pronounced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, based on the circumstances of the criminal's crime and his expression of remorse, if the application of a suspended sentence will no longer endanger society.

Legal analysis: Probation is usually allowed to be done except for party and government leadership positions, military participation, and leadership of large companies, and the rest of the work can usually be done, and those who originally had a unit can even retain their status. Community corrections are to be carried out in accordance with law for those who have committed crimes committed by those who have been given a suspended sentence, and if there are no circumstances 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 a public announcement is to be made.

Repentance and ruin. Legal Basis: Criminal Law of the People's Republic of China Article 76: For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of the suspended sentence, and if there are no circumstances 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.

Legal Analysis: Suspended sentencing, also known as suspended sentencing, refers to the first conviction of the perpetrator who has violated the criminal law and is confirmed to have constituted a crime and should be punished by legal procedures, and temporarily does not carry out the sentence imposed. 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.

Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific probationary body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment based on the convict's performance during the probationary period.

Legal basis: Article 17 of the "Regulations on the Punishment of Civil Servants of Administrative Organs" Where civil servants of administrative organs who violate the law and discipline have already been sentenced to criminal punishment, dismissed, or removed from their posts or have resigned from their leadership positions in accordance with law before the administrative organ makes a decision to punish them, and shall be given sanctions in accordance with law, the administrative organs shall give sanctions on the basis of the facts of their violations of law and discipline. The first paragraph of Article 77 of the Criminal Law of our country stipulates:

Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers 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 the 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.