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The actual sentence of one year will be heavier. One year in prison means one year in prison. The sentence of three suspended means that if you do not reoffend during the three-year probation period, you do not need to go to jail.
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According to the relevant laws and regulations, a person who is generally sentenced to fixed-term imprisonment of more than three years is bound to be sentenced to relatively serious circumstances. The main reason is that according to the provisions of laws and regulations, the sentence of three years of probation must be due to irresistible factors, but this does not mean that this punishment will not be implemented.
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In my country's sentencing, I think the sentence of three suspended sentences is relatively serious. Because after three years of probation, there is another three years of service. It is more serious than a one-year prison sentence.
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The sentence of three suspended sentences will be heavier, and the sentence of three years and above is a heavy sentence in China's criminal law, and the suspended sentence is a matter of the execution of the sentence, we do not use it as a reference for the severity of the sentence, the actual sentence of one year is to serve one year in prison, and although the sentence of three suspended three does not need to serve in prison, but during this period, it cannot accept community correction, nor can it violate the provisions of probation, otherwise it will also be imprisoned.
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The sentence of one year would be heavier, and a three-year suspended sentence would reduce the period of his punishment, and his sentence would be reduced after the expiration of the three-year suspension period.
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Three years in prison, suspended for three years. Because a sentence of three years or more is considered a heavy sentence under the criminal law.
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The actual punishment is heavier. For those who have been criminally punished, the penalty of restriction of personal liberty is, of course, heavier. If the perpetrator did not violate the prohibitions during the probationary period, then the sentence of 3 suspended 5 is relatively light compared to the actual sentence of 2 years.
However, if the penalized person is sent to prison for violating the probationary period of probation, then this is another situation. 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 in accordance with law based on the convict's performance during the probationary period. 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.
Actual punishment, on the other hand, is imprisonment in a certain place.
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A three-year fixed-term imprisonment with a three-year suspended sentence means a three-year fixed-term imprisonment, but a three-year probationary period is set for specific enforcement. During the probationary period, if there is no violation of the relevant provisions, the original sentence will not be enforced. If the relevant provisions are violated within three years, the suspended sentence will be revoked and the prison sentence will serve three years' imprisonment.
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, and 4) the probation is declared that there is 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 73:The probationary period of a suspended sentence for short-term detention is between one year and not more than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.
Article 74: Suspended sentences do not apply to recidivists and ringleaders of criminal groups.
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